vvEPA
         United States
         Environmental Protection
         Agency
             Office of Solid Waste and
             Emergency Response
             Washington DC 20460
EPA/540/G-89/009
OSWER Directive 9234.1-02
August 1989
         Superfund
CERCLA Compliance with
Other Laws Manual:
           Part II. Clean Act Act and
           Other Environmental
           Statutes and State
           Requirements
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                                                                EPA/540/G-89/009
                                                       OSWER DIRECTIVE  9234.1-02
                                                                     AUGUST  1989
                     CERCLA COMPLIANCE WITH OTHER LAWS MANUAL
                                     PART  II
                CLEAN AIR ACT AND OTHER ENVIRONMENTAL STATUTES AND
                                STATE REQUIREMENTS
                                  INTERIM  FINAL
                    Office of Emergency  and  Remedial  Response
                            Policy and Analysis  Staff

                   Office of  Solid Waste and Emergency Response

                       U.S. Environmental Protection Agency
                                 Washington,  D.C.
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                                     NOTICE
    This manual is a companion volume  to  the  CERCLA  Compliance With  Other
    Laws Manual that was made available to  the public  as  a  draft,  dated
    August  8,  1988. That volume  should now  be considered  interim final.

    The policies in Part I and Part  II of the CERCLA Compliance  With Other
    Laws Manual are based on policies  in  the  proposed  revisions  to the
    National Oil and Hazardous Substances Pollution  Contingency  Plan (NCP) ,
    which was  published on December  21, 1988  (53  FR  51394).  The  final NCP
    may adopt  policies different than  those in these manuals and should,
    when promulgated, be considered  the authoritative  source.
    Development of this part of the  guidance was  funded by  the  United  State
    Environmental Protection Agency  under  Contract No. 68-01-7090  to ICF
    Incorporated.

    The policies and procedures set  out  in this interim final guidance are
    intended solely for the guidance of  Government personnel. They are not
    intended, nor can they be  relied upon,  to  create  any  rights enforceable
    by any party in litigation with  the  United States. The  Agency  reserves
    the right to act at variance with these policies  and  procedures and to
    change them at any time without  public notice.
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                                     PART  II
                                TABLE OF CONTENTS

                                                                            PAGE

 TABLE OF  CONTENTS	iii

 LIST OF EXHIBITS	ix

 ACRONYMS	xi

 1.    INTRODUCTION AND OVERVIEW	1-1

       MATRICES  OF  POTENTIAL CHEMICAL-,  LOCATION-, AND ACTION-SPECIFIC
       REQUIREMENTS  	 1-3
 2.    CLEAN AIR ACT REQUIREMENTS AND RELATED RCRA  AND STATE
       REQUIREMENTS	2-1
       2.0    SOURCES  OF AIR EMISSIONS AT UNCONTROLLED HAZARDOUS WASTE
              SITES	2-1

       2.1    THE  CLEAN AIR ACT	2-2

              2.1.1     National Ambient Air Quality Standards  (NAAQS)  .  .  . 2-4
                       2.1.1.1  Pre-Construction Review 	 2-7
                       2.1.1.2  Attainment Areas  	 2-8
                       2.1.1.3  Non-Attainment Area 	 2-9
              2.1.2     National Emissions Standards for Hazardous Air
                       Pollutants (NESHAPs)  	 2-9
                       2.1.2.1  Asbestos NESHAPs  	 2-9
                       2.1.2.2  Radionuclide NESHAPs  	 2-10
              2.1.3     New Source Performance Standards (NSPS)   	 2-11

       2.2    AIR  EMISSION REGULATIONS UNDER RCRA	2-12

              2.2.1     Incinerators	2-12
              2.2.2     Land Disposal Facilities	2-12
              2.2.3     Other Treatment, Storage, and Disposal Facilities
                       (TSDFs)   	2-12

       2.3    STATE  AIR TOXIC PROGRAMS	2-13

       2.4    COORDINATION BETWEEN CERCLA AND AIR PROGRAM OFFICES FOR
              REMEDIAL ACTIVITIES CONDUCTED ON SITE 	 2-14
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 1.    STANDARDS FOR TOXICS AND  PESTICIDES	3-1

       3.0   TOXIC SUBSTANCES  CONTROL ACT   	  3-1

             3.0.1     PCB  Requirements	3-2
                       3.0.1.1  TSCA  Disposal  Requirements  	  3-2
                       3.0.1.2  Storage  for  Disposal   	  3-5
                       3.0.1.3  PCB Spill Cleanup  Policy    	  3-6
                       3.0.1.4  RCRA  Land Disposal Restrictions 	  3-9

       3.1   FEDERAL INSECTICIDE, FUNGICIDE,  AND  RODENTICIDE ACT 	  3-10

             3.1.1     FIFRA Requirements  	  3-11
                       3.1.1.1  Procedures Not Recommended for Disposal (40
                               CFR section  165.7)   	3-11
                       3.1.1.2  Procedures Recommended for the Disposal of
                               Pesticides  (40 CFR section 165.8)  	  3-12
                       3.1.1.3  Pesticide Control  Under Other Statues .  .  .  3-13
                       3.1.1.4  Other Manuals  	  3-13

 2.    OTHER RESOURCE  PROTECTION STATUES  	  4-1

       4.0   OVERVIEW	4-1

       4.1   NATIONAL  HISTORIC PRESERVATION ACT  	  4-2

             4.1.1     Criteria for Evaluation	4-4
             4.1.2     Needs Determination   	  4-5
             4.1.3     Cultural Resource Survey 	  4-5
             4.1.4     Implementing NHPA Requirements  during the CERCLA
                        Cleanup Action   	  4-6
                       4.1.4.1  Remedial Investigation/Feasibility Study  .  4-6
                       4.1.4.2  Remedial Design 	  4-10
             4.1.5     Documentation	4-11

       4.2   ARCHEOLOGICAL AND HISTORIC PRESERVATION  ACT 	  4-11

       4.3   ENDANGERED SPECIES  ACT	4-11

             4.3.1     Overview of the Endangered  Species Act	4-11
             4.3.2     ESA  Review Procedures	4-12
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                       4.3.2.1   Determining  Whether Endangered Species are
                                Present	4-12
                       4.3.2.2   Biological Assessment 	  4-13
                       4.3.2.3   Biological Opinion (Formal Consultation)   .  4-14
                       4.3.2.4   Application  for Exemptions  	  4-15
              4.3.3     Documentation	4-17
              4.3.4     Discussion	4-17

       4.4    WILD AND  SCENIC RIVERS ACT	4-17

              4.4.1     Overview  of  the Wild  and Scenic Rivers  Act	4-17
              4.4.2     Summary of Wild and Scenic  Rivers  ARARs for CERCLA
                       Actions	4-18
              4.4.3     Documentation	4-20

       4.5    FISH AND  WILDLIFE  COORDINATION ACT	4-20

              4.5.1     Overview  of  the Fish  and Wildlife  Coordination Act
                       of  1934	4-20
              4.5.2     Summary of Fish and Wildlife ARARs for  CERCLA
                       Actions	4-20
              4.5.3     Documentation	4-21

       4.6    COASTAL ZONE MANAGEMENT ACT	4-21

              4.6.1     Overview  of  the Coastal Zone Management Act  ....  4-21
              4.6.2     Summary of Potential  Coastal Zone  Management Act
                       ARARs for CERCLA Activities	4-22
                       4.6.2.1   On-Site Activities  	  4-22
                       4.6.2.2   Off-Site Activities 	  4-22
              4.6.3     Documentation	4-24

       4.7    WILDERNESS ACT	4-25

              4.7.1     Documentation	4-25

 5.    STANDARDS, ADVISORIES, AND  GUIDANCE  FOR THE MANAGEMENT OF RADIOACTIVE
       WASTE	5-1

              5.0   OVERVIEW	5-1

       5.1    EPA PROGRAMS	5-4
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             5.1.1    Potential EPA ARARs	5-4
                      5.1.1.1  40  CFR  Part  61:  National  Emissions
                               Standards  for  Hazardous  Air  Pollutants:
                               Standards  for Radionuclides  	    5-4
                      5.1.1.2  40  CFR  Part  141:  National Interim Primary
                               Drinking Water  Regulations  	  5-5
                      5.1.1.3  40  CFR  Part  190:  Environmental  Radiation
                               Protection Standards  for  Nuclear  Power
                               Operations	5-5
                      5.1.1.4  40  CFR  Part  192:  Health and Environmental
                               Protection Standards  for  Uranium and
                               Thorium Mill Tailings	5-5
                      5.1.1.5  40  CFR  Part  440:  Guidelines and New Source
                               Performance  Standards for Ore Mining and
                               Dressing Point  Source Category  Effluent
                               Limitations	5-10
             5.1.2    EPA Advisories and  Guidance  To Be  Considered ....  5-10

       5.2   NRC  PROGRAMS	5-11

             5.2.1    Potential NRC ARARs	5-12
                      5.2.1.1  10  CFR  Part  20:  Standards for Protection
                               Against Radiation 	  5-12
                      5.2.1.2  10  CFR  Part  61:  Licensing Requirements for
                               Land Disposal of Radioactive  Waste   ....  5-15
                      5.2.1.3  10  CFR  Parts 30,  40,  and  70:  Domestic
                               Licensing  of Byproduct, Source,  and Special
                               Nuclear Material  	  5-15
             5.2.2    NRC Advisories and  Guidance  To Be  Considered ....  5-16

       5.3   DOE  PROGRAMS	5-17

 6.    POTENTIAL  ARARs FOR  CERCLA  ACTIONS AT MINING,  MILLING,  OR SMELTING
       SITES	6-1

       6.0   INTRODUCTION	6-1

       6.1   SURFACE MINING CONTROL AND RECLAMATION  ACT   	  6-1

       6.2   RESOURCE CONVERSATION AND RECOVERY ACT   	  6-2
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 1.    CERCLA COMPLIANCE WITH STATE REQUIREMENTS	7-1

       7.0   INTRODUCTION	7-1

       7.1.  CRITERIA FOR DETERMINING  IF A REQUIREMENT  IS ELIGIBLE TO BE
             A STATE ARAR	7-2

             7.1.1    Identification and Determination  of Promulgated
                      State Requirements	7-2
                      7.1.1.1  Criteria That Are  To Be  Considered  (TCBs)  .  7-4
                      7.1.1.2  State Policies   	  7-4
                      7.1.1.3  Relationship Between Local Requirements  and
                               State ARARs	7-4
             7.1.2    General Procedures for Determining if  a Requirement
                      is "More Stringent"  	  7-7
                      7.1.2.1  State Programs That Have Been Federally
                               Authorized	7-7
                      7.1.2.2  State Programs That Have Not  Been Federally
                               Authorized	7-8
                      7.1.2.3  Requirements That  Are Not Directly
                               Comparable	7-9

       7.2   AN EXAMINATION OF SEVERAL TYPES OF STATE LAWS	7-10

             7.2.1    State Siting Requirements   	  7-10
                      7.2.1.1  Overview of Existing Federal  Siting
                               Requirements and Criteria 	  7-11
                      7.2.1.2  Eligibility of Siting Requirements as State
                               ARARs	7-11
                      7.2.1.3  Summary of State Siting  Requirements  .  .  .  7-14
             7.2.2    Discharge of Toxic Pollutants To  Surface Waters   .  .  7-26
             7.2.3    Antidegradation  Requirements for  Surface Waters   .  .  7-28
             7.2.4    Antidegradation  Requirements for  Ground Water  .  .  .  7-30

       7.3   THE PROCESS OF COMMUNICATION STATE ARARs   	  7-30

             7.3.1    Procedures  for Ensuring Timely Communication of
                      State ARARs	7-30
                      7.3.1.1  The Roles of the State	7-30
                      7.3.1.2  Critical Points in the Remedial Process  for
                               the Identification and Communication of
                               State ARARs	7-32
                      7.3.1.3  Dispute Resolution 	  7-33
             7.3.2    Documentation of State ARARs	7-33
             7.3.3 Superfund Memorandum of Agreement and ARARs 	  7-34
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 APPENDIX A:     POTENTIAL  CLEAN AIR ACT ARARs FROM CLEAN AIR ACT PART
                 C(PREVENTION OF SIGNIFICANT DETERIORATION  	 A-l

       A.I    PSD CLASSIFICATION AND IMPLEMENTATION	A-l

       A. 2    APPLICABILITY OF PSD REVIEW	A-3

              A. 2.1     Stationary Source	A-3
              A. 2.2     Major Source of Major Modification	A-3
              A. 2. 3     PSD  Area	A-8
              A. 2.4     Pollutants for Which Area Is PSD	A-8
              A.2.5     PSD  Review Applies to Significant Emissions   .... A-9

       A. 3    SUBSTANTIVE REQUIREMENTS OF PSD REVIEW	A-9

              A. 3.1     Best Available Control Technology	A-9
              A. 3.2     Ambient Air Quality Analysis	A-10
              A. 3. 3     Other Impacts Analysis	A-14
              A. 3.4     No Adverse Impact on a Class I Area	A-14
              A. 3. 5     Other Requirements	A-14

       A. 4    NON-ATTAINMENT	A-14

 APPENDIX B:     FEDERAL/STATE RELATIONSHIPS UNDER MAJOR ENVIRONMENTAL
                 STATUES	B-l
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                                  LIST OF EXHIBITS
  Exhibit
     No.                            Exhibit                                     Page

  1-1      SELECTED  CHEMICAL-SPECIFIC POTENTIAL APPLICABLE OR
           RELEVANT  AND APPROPRIATE  REQUIREMENTS   	 1-3

  1-2      SELECTED  LOCATION-SPECIFIC POTENTIAL APPLICABLE OR
           RELEVANT  AND APPROPRIATE  REQUIREMENTS   	 1-8

  1-3      SELECTED  ACTION-SPECIFIC  POTENTIAL APPLICABLE OR
           RELEVANT  AND APPROPRIATE  REQUIREMENTS   	 1-10

  2-1      NATIONAL  AMBIENT AIR QUALITY STANDARDS  	 2-3

  2-2      HAZARDOUS AIR POLLUTANTS:   SOURCES AND  STANDARDS  (NESHAPs)  .  .   . 2-5

  4-1      CULTURAL  RESOURCES REVIEW UNDER NHPA AND REMEDY SELECTION UNDER
           CERCLA	4-3

  4-2      ENDANGERED SPECIES REVIEW UNDER ENDANGERED SPECIES ACT
           AND REMEDY SELECTION UNDER CERCLA   	 4-16

  4-3      WILD AND  SCENIC RIVERS REVIEW UNDER WILD AND SCENIC
           RIVERS ACT AND REMEDY SELECTION UNDER CERCLA 	 4-19

  4-4      COASTAL ZONE MANAGEMENT ACT	4-23

  4-5      WILDERNESS ACT	4-26

  5-1      HEALTH AND ENVIRONMENTAL  PROTECTION STANDARDS FOR URANIUM AND
           THORIUM MILL TAILINGS	5-7

  5-2      SELECTED  NUCLEAR REGULATORY COMMISSION  REQUIREMENTS
           FOR RADIOACTIVE WASTE MANAGEMENT 	 5-13

  7-1      PROCEDURES FOR DETERMINING ELIGIBILITY  OF STATE ARARs   	 7-5

  7-2      METHOD OF IMPLEMENTATION  OF STATE SITING CRITERIA   	 7-13

  7-3      APPLICABILITY OF STATE SITING CRITERIA  	 7-16

  7-4      STATE LOCATION CONTROLS   	 7-18

  7-5      AREAS IN  WHICH LOCATION OF HAZARDOUS WASTE TSD FACILITIES IS
           PROHIBITED OR RESTRICTED  BY VARIOUS STATES 	 7-19
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  Exhibit
     No.                            Exhibit                                     Page

  7-6      SITE HYDROGEOLOGIC AND GEOLOGIC  CRITERIA FOR THE
           LOCATION OF  HAZARDOUS WASTE TSD  FACILITIES  	 7-21

  7-7      STATE SETBACK  CRITERIA FOR THE LOCATION OF HAZARDOUS
           WASTE TSD  FACILITIES	7-23

  7-8      COMMON STATE SITING CRITERIA  	 7-25

  A-l      ALLOWABLE  PSD  INCREMENTS	A-2

  A-2      NAMED PSD  SOURCE CATEGORIES   	 A-4

  A-3      SIGNIFICANT  EMISSIONS RATES FOR  DETERMINING PSD MAJOR
           MODIFICATIONS   	 A-6

  A-4      DE MINIMIS AIR QUALITY IMPACTS  (PSD APPLICABILITY)	A-12
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                     ACRONYMS USED IN PART II OF THIS MANUAL
 ARARs    -  Applicable or Relevant and Appropriate Requirements
 CERCLA   -  Comprehensive Environmental Response, Compensation, and Liability
             Act of 1980  (also known as Superfund)
 CFR      -  Code of Federal Regulations
 CWA      -  Clean Water Act
 DOD      -  Department of Defense
 DOE      -  Department of Energy
 DOI      -  Department of Interior
 DOT      -  Department of Transportation
 EPA      -  Environmental Protection Agency
 FR       -  Federal Register
 FS       -  Feasibility Study
 HSWA     -  Hazardous and Solid Waste Amendments of  1984
 MCLs     -  Maximum Contaminant Levels
 NCP      -  National Contingency Plan
 NEPA     -  National Environmental Policy Act
 NPL      -  National Priorities List
 NRC      -  Nuclear Regulatory Commission
 OERR     -  Office of Emergency and Remedial Response
 ORP      -  Office of Radiation Programs
 OSC      -  On-Scene Coordinator
 OSW      -  Office of Solid Waste
 OSWER    -  Office of Solid Waste and Emergency Response
 OWPE     -  Office of Waste Programs Enforcement
 PCB      -  Polychlorinated Biphenyl
 PRP      -  Potentially Responsible Party
 RCRA     -  Resource Conservation and Recovery Act
 RI/FS    -  Remedial Investigation/Feasibility Study
 ROD      -  Record of Decision
 RP       -  Responsible Party
 RPM      -  Remedial Project Manager
 SARA     -  Superfund Amendments and Reauthorization Act of  1986
 SDWA     -  Safe Drinking Water Act
 SI       -  Site Investigation
 SMOA     -  Superfund Memorandum of Agreement
 TBC      -  To Be Considered
 TSDF     -  Treatment, Storage, and Disposal Facility
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                    ACRONYMS  SPECIFIC  TO  CHAPTERS  IN  PART  II

                              ACRONYMS  FOR CHAPTER  1

 ARARs    -  Applicable or Relevant  and Appropriate Requirements
 CAA      -  Clean Air Act
 FIFRA    -  Federal  Insecticide,  Fungicide,  and Rodenticide Act
 RP       -  Responsible  Party
 RPMs     -  Remedial Project Managers
 TSCA     -  Toxic Substances Control  Act
                             ACRONYMS  FOR  CHAPTER  2
 BACT     -  Best Available  Control  Technology
 BDT      -  Best Demonstrated Technology
 CAA      -  Clean Air Act
 CTC      -  Control Technology  Center
 LAER     -  Lowest Achievable Emission  Rate
 NAAQS    -  National Ambient Air Quality  Standards
 NATICH   -  National Air Toxics Information  Clearinghouse
 NESHAP   -  National Emissions  Standards  for Hazardous Air  Pollutants
 NSPS     -  New Source  Performance  Standards
 PCB      -  Polychlorinated Biphenyl
 PM       -  Particulate Matter
 PSD      -  Prevention  of Significant Deterioration
 RTP      -  Research Triangle Park
 SIP      -  State Implementation Plan
 TLV      -  Threshold Limit Values
 VOC      -  Volatile Organic Compound
                             ACRONYMS  FOR  CHAPTER  3
 CPSC
 PCB
 OSHA
 SPCC
 TSCA
Consumer Product Safety Commission
Polychlorinated Biphenyl
Occupational Safety and Health Administration
Spill Prevention Containment and Coutermeasure
Toxic Substances Control Act
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                             ACRONYMS  FOR  CHAPTER  4
 ACHP
 BA
 BO
 CBRA
 CRS
 CZMA
 DOA
 ESA
 FWCA
 FWS
 NHPA
 NMFS
 NRHP
 SHPO
 SMOA
 WSRA
Advisory Council on Historic Preservation
Biological Assessment
Biological Opinion
Coastal Barriers Resources Act
Cultural Resource Survey
Coastal Zone Management Act
Department of Agriculture
Endangered Species Act
Fish and Wildlife Coordination Act
U.S. Fish and Wildlife Service
National Historic Preservation Act
National Marine Fisheries Service
National Register of Historic Places
State Historic Preservation Office(r)
Superfund Memorandum of Agreement
Wild and Scenic Rivers Act
                             ACRONYMS  FOR  CHAPTER  5

 AEA      -  Atomic Energy Act
 ALARA    -  As Low As  Is Reasonably Achievable
 DCG      -  Derived Concentration  Guide
 FEMA     -  Federal Emergency Management  Agency
 FUSRAP   -  Formerly Utilized Sites Remedial Action  Program
 GJAP     -  Grand Junction Remedial Action  Program
 ICRP     -  International Commission  on Radiological  Protection
 LLRWPAA  -  Low-Level  Radioactive  Waste Policy Amendments Act  of  1985
 LLWPA    -  Low-Level  Waste Policy Act of 1980
 MCLs     -  Maximum Contaminant Levels
 NARM     -  Naturally  Occurring and Accelerator-Produced Radioactive Material
 NCRP     -  National Council on Radiation Protection  and Measurements
 NESHAP   -  National Emissions Standard for Hazardous Air Pollutants
 SFMP     -  Surplus Facilities Management Program
 UMTRAP   -  Uranium Mill Tailings  Remedial  Action Program
 UMTRCA   -  Uranium Mill Tailings  Radiation Control Act
 WL       -  Working Level
                             ACRONYMS  FOR  CHAPTER  6

 OSM      -  Office of Surface Mining
 SMCRA    -  Surface Mining Control  and Reclamation Act
 UMTRCA   -  Uranium Mill Tailings Radiation  Control Act
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                              ACRONYMS FOR CHAPTER 7
 DER       -   Department  of  Environmental Regulation
 NPDES     -   National  Pollutant Discharge Elimination System
 ONRW      -   Outstanding National  Resource Waters
 SIP       -   State  Implementation  Plan
 SMOA      -   Superfund Memorandum  of Agreement
 TBC       -   To  Be  Considered
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                                    CHAPTER 1

                            INTRODUCTION AND OVERVIEW
       The purpose of the CERCLA Compliance with other Laws Manual  is  to  assist
 Remedial Project Managers  (RPMs)  in  identifying and complying with all
 applicable or relevant and appropriate requirements  (ARARs)  for  remedial
 actions taken at Superfund sites. This part of the guidance  manual addresses
 CERCLA compliance with the Clean  Air Act and other environmental statutes  for
 remedial actions.

       Under CERCLA §121, remedies selected at Superfund  sites must be
 protective of human health and the environment and must  comply with ARARs.1
 Remedial actions taken under CERCLA  §§104, 106, or 122 that  are  conducted
 entirely on site do not require Federal, State, or local permits,  whether
 conducted by EPA, another Federal agency, a State, or a  responsible party
  (RP). On-site remedies must comply with substantive requirements but  need  not
 comply with the administrative and procedural requirements.  On-site remedial
 activities covered by the permit  exemption includes any  activity occurring on
 site prior to the response action itself  (e.g., activities during  the RI/FS).
 "On-site" is defined as the areal extent of contamination and all  suitable
 areas in very close proximity to  the contamination necessary for
 implementation of the response action. The reason for the permit exemption is
 to preserve flexibility and avoid lengthy, time-consuming procedures  when
 developing and implementing remedial alternatives.

       CERCLA actions involving the transfer of hazardous substances or
 pollutants or contaminants off site  must comply with applicable  Federal  and
 State requirements and are not exempt from formal administrative permitting
 requirements. Off-site actions are not governed by the concept of  relevant and
 appropriate.

       CERCLA §121 also requires compliance with State environmental standards.
 A discussion of policies and procedures for evaluating State ARARs is
 presented in Chapter 7. Although  this manual does not discuss in depth each
 State's standards, it does outline the criteria used for determining  if  a
 requirement is eligible to be a State ARAR, examines several types of State
 laws, and describes the process of communicating State ARARs during the  RI/FS
 process .

       This part of the guidance manual, Part II, describes general procedures
 for CERCLA compliance with applicable or relevant and appropriate  requirements
 in environmental and public health statutes, programs, and policies that are
 not covered in Part I  (RCRA, CWA, SDWA, and ground-water policies). This part
 covers the Clean Air Act  (CAA), the  Toxic Substances Control Act (TSCA), the
        The  requirements  of  CERCLA §121  generally  apply  as  a  matter  of  law
 only to remedial actions. However, as a matter of policy,  EPA will  attain
 ARARs to the extent practicable when conducting removal  actions.  Chapter  1  of
 Part I provides further  guidance  on ARARs and removal actions,  as well  as
 guidance on identifying  ARARs  for a Superfund site.

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 Federal  Insecticide, Fungicide, and  Rodenticide Act  (FIFRA),  and  several  other
 statutes with potential ARARs.  Part  II  is  organized  as  follows:

        !  Chapter  1 provides an  introduction  and overview  of this
          part of  the guidance manual;

        !  Chapter  2 provides guidance for compliance  with  CAA
          requirements and related RCRA  and State  requirements;

        !  Chapter  3 provides guidance for compliance  with  statutes
          that address toxics and pesticides  (i.e., TSCA and
          FIFRA);

        !  Chapter  4 provides guidance for compliance  with  other
          resource protection statutes.  These statutes generally
          cover  specific concerns or  areas  (e.g.,  endangered
          species, historic preservation, and coastal zones);

        !  Chapter  5 discusses potential  ARARs and  potentially
          useful guidance for cleaning up radioactively
          contaminated sites and buildings;

        !  Chapter  6 provides guidance for compliance  with  statutes
          incorporating standards for mining,  milling, or  smelting
          sites  (other than uranium or thorium mines  or  mills,
          addressed in Chapter 4) ;

        !  Chapter  7 provides guidance on identifying  and complying
          with State ARARs;

        !  Appendix A provides guidance for  compliance with CAA Part
          C  (Prevention of Significant Deterioration) requirements;
          and

        !  Appendix B describes the Federal/State relationships
          under major Federal environmental statutes.

        Exhibits  1-1, 1-2, and 1-3 present potential chemical-, location-,  and
 action-specific ARARs, respectively,  for those statutes discussed in  this part
 of the guidance manual. Within  each  exhibit,  for  the convenience  of the
 reader,  the requirements are organized  by  the chapter in  which they are
 discussed in more detail. Remedial Project Managers  should use these  exhibits
 to develop a preliminary list of potential ARARs, then  refer to the text  for a
 full description  of the requirement  and the  site-specific circumstances under
 which  it may be an actual ARAR  for the  site.  More information on  the
 definition of each type of ARAR and  the methodology  for determining ARARs is
 presented in Part I, Chapter 1.
                                       1-2

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                                                                       EXHIBIT 1-1

                    SELECTED  CHEMICAL-SPECIFIC  POTENTIAL  APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS
Chemical Name
                                          Requirements
                                                                  Prerequisites for Applicability
                                                                                                                                           Citation
CHAPTER 1 - CLEAN AIR ACT

  NESHAPS

Mercury              Not more than 2,300 g/day
                     reduction
                     Not more than 11.6 mg/m3 particulate  matter,  design
                     and operating requirements
                     Inspection, maintenance, and housekeeping

                     No visible emissions
                     No surfacing with asbestos
                     No visible emissions
                     Noti fication, wet and remove friable asbestos
                     Limitations on concentration of asbestos,  no visible
                                                        Mercury smelters,  chloroalkali  plants
                                                        New glass manufacturing plants

                                                        Primary copper smelters

                                                        Arsenic trioxide and mettalic arsenic  production
                                                        facilities
                                                        Asbestos mills
                                                        Roadways
                                                        Manufacturing plants
                                                        Demolition activities
                                                        Spraying operations
                                                     Clean Air Act  (CAA) 40
                                                     CFR Part 61
                                                     40 CFR Part 61  (CAA)
                                                     40 CFR Part 61  (CAA)
                                                     40 CFR Part 61  (CAA)
                                                     40 CFR Part 61  (CAA)
                                                     40 CFR Part 61  (CAA)
BeryiIlium
Vi nyl chlori de
                     No visible emissions
                     No asbestos
                     No visible emissions
                     No visible emissions
No visible emissions,  design/work practice  standards
Not more than 10 g/day or 0.01  g/m3 ambient
concentration (with 3  years of  monitoring data)
                     Not more than 10 ppm, equipment standards,  work
                     practice standards
Fabricating shops
Insulation operations
Mill waste disposal sites
Waste disposal—manufacturing,  demolition/
renovation, spraying, fabricating
Inactive waste disposal sites for mills,
manufacturing, fabricating
Active waste disposal sites
Extraction plants,  ceramic plants,  foundries,
incinerators,  rocket prope11ant plants,  machine
shops
Rocket motor test sites,  collection of  combustion
products
Ethylene dichloride, vinyl chloride,  and vinyl
chloride polymer plants
                                                                                                             40 CFR Part 61  (CAA)
                                                                                                             40 CFR Part 61  (CAA)
                                                                                                             40 CFR Part 61  (CAA)
                                                                                                             40 CFR Part 61  (CAA)

                                                                                                             40 CFR Part 61  (CAA)
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                                                             EXHIBIT 1-1  (Continued)

                   SELECTED  CHEMICAL-SPECIFIC  POTENTIAL APPLICABLE  OR RELEVANT AND APPROPRIATE REQUIREMENTS
                                                                                     Prerequisites for Applicability
                                                                                                                                       Citation
CHAPTER 1  -  CLEAN AIR ACT

NESHAPS

Benzene -1
                     Design and operation
                     Design and operation
                     No  visible emissions;  operation and maintenance
                     standards
                                                                           Fugitive  leaks from equipment  containing 10%
                                                                           benzene
                                                                           DOE facilities, NRC licenses,  and  non-DOE Federal
                                                                           facilities, except from doses  from radon-220,
                                                                           radon-222, and their decay products; facilities
                                                                           regulated under 40 CFR 190-192;  and low-energy
                                                                           accelerator and users of sealed  sources.
Elemental  phosphorus
Uranium mines
Uranium mill tailings
Coke ovens
                                                    40  CFR Part 61 (CAA)
40 CFR Part  61  (CAA)
40 CFR Part  61  (CAA)
40 CFR Part  61  (CAA)
40 CFR Part  61  (CAA)
40 CFR Part  61  (CAA)
NAAQS &
                                                                                                                               40 CFR Part 50 (CAA)
Lead
                                                                                                                               40 CFR Part 50 (CAA)
Particulate
matter (PMio)
                     Not  to exceed 0.03 ppm annually.
                     Not  to exceed 0.14 ppm/24-hour period.  Not to exceed
                     0.5  ppm/3-hour period.
-1 NAAQS are translated into source-spedfie  requirements in State  Implementation Plans (SIPs).
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                                                              EXHIBIT 1-1  (Continued)

                    SELECTED CHEMICAL-SPECIFIC  POTENTIAL  APPLICABLE OR RELEVANT  AND APPROPRIATE  REQUIREMENTS
Chemical Name
                                         Requirements
                                                                 Prerequisites  for  Applicability
                                                                                                                                         Citation
CHAPTER 4 - MANAGEMENT OF RADIOACTIVE WASTE
Protection of
Drinking Water
Supplies from
Radioactive
Pollutants
                                                       Applicable to community water  systems, which are      Safe Drinking Water Act
                                                       defined as public water systems  that serve at least   (SDWA)
                                                       15 service connections  used  by year-round residents   40 CFR  section  141.15
                                                       or regularly serve at least  25 year-round
                                                       residents.
Discharge of

Radioactive

Pollutants to

Surface Waters
                     The average annual  concentration of beta particle and
                     photon (i.e.,  gamma)  radioactivity from man-made
                     radionuclides  in  drinking water shall not produce an
                     annual dose equivalent  to the total body or any
                     internal  organ greater  than 4 mrem.

                     Best Available Technology:
The concentration  of pollutants discharged in

drainage from mines that produce uranium ore

shall not exceed:



•  10 pCi/1 of dissolved radium-22 6 in any one day

   or 3 pCi/1 of  dissolved  radium-226

   Averaged over  30 consecutive days;
                                                       Applicable to community water  systems, which are      40 CFR section  141.16
                                                       defined as public water systems  that serve at least   (SDWA)
                                                       15 service connections  used  by year-round residents
                                                       or regularly serve at least  25 year-round
                                                       residents.
Applicable to discharges of radium-226 and

uranium from open-pit  or underground mines

from which uranium,  radium, and vanadium ores

are produced, including mines that use in-situ

leach methods.
Clean Water Act  (CWA)

40 CFR Section  440.33
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                                                               EXHIBIT 1-1  (Continued)


                    SELECTED  CHEMICAL-SPECIFIC POTENTIAL APPLICABLE OR RELEVANT  AND APPROPRIATE  REQUIREMENTS



Chemical Name                              Requirements                                 Prerequisites for Applicability                     Citation

CHAPTER 4 - MANAGEMENT OF RADIOACTIVE WASTE

Protection of          A variety of  different  radiation exposure limits are   Applicable to all categories of NRC  licenses;  also    Atomic Energy Act (AEA)
Individuals in         setfor individuals  in  restricted areas, including a   applicable to Agreement State licenses.               10 CFR sections 20.101
Restricted Areas       dose limit of 1.25 rem/ quarter  (which is equivalent                                                        through 20.104
(i.e.,  Workers)  from   to 5 rem/year) to the whole body and radioactivity     Applicable to exposures to source, byproduct,  and
Radiation Exposure     concentration limits for air and water in restricted   special nuclear material,  as well  as to  NARM
                       areas (designed  to limit worker exposure to 1.25       released from facilities licensed  to possess
                       rem/quarter).                                          source, byproduct,  and special nuclear material.
Protection or
Individuals in
Unrestricted Areas
from Radiation                  •   A whole body dose of 0.5 rem/year;
Exposure                                                                     Applicable to exposures to source,  byproduct,  and
                                •   0.002 rem/hour;                           special nuclear material,  as well  as  to  NARM
                                                                             released from facilities licensed  to  possess
                                •   0.1 rem in any 7 consecutive days;  and    source, byproduct,  and special  nuclear material.

                                   The dose limits in 40 CFR Part 190  for
                                   operations within the uranium fuel
                                   cycle (see Section 4.1.1.3 of Chapter 4
                                   of Part II).
Discharge of           Airborne  and liquid  discharges to unrestricted areas   Applicable to all categories of NRC  licenses;  also    10 CFR section 20.106
Radionuclides to       shall  not meet  radionuclide-speci fie concentration     applicable to Agreement State licenses.               (AEA)
Unrestricted Areas     limits in 10 CFR  Part  20, Appendix B, Table II.
(Air and Water)         These  concentrations are designed to limit radiation   Applicable to releases of source,  byproduct, and
                       exposure  to  members  of the public to 0.5 rem/year to   special nuclear material,  as well  as to  NARM
                       the whole body, blood-forming organs, and gonads; 3    released from facilities licensed  to possess
                       rems/year to the  bone  and the thyroid; and 1.5         source, byproduct,  and special nuclear material.
                       rems/year to other organs. 14/
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                                                              EXHIBIT  1-1  (Continued)


                    SELECTED  CHEMICAL-SPECIFIC POTENTIAL APPLICABLE  OR  RELEVANT AND  APPROPRIATE REQUIREMENTS



Chemical Name                              Requirements                                 Prerequisites  for Applicability                     Citation

CHAPTER 4 - MANAGEMENT OF RADIOACTIVE WASTE

Radioactive Waste      A variety of waste disposal requirements are set,       Applicable to  all  categories of NRC licenses; also
Treatment and          including those sped fying how licenses may dispose    applicable to  Agreement  State licenses. Applicable
Disposal               of licensed material (see Section 4.2.1.1 of Chapter   to releases of source, byproduct, and special
                       4 of  Part II), as well as concentration limits for      nuclear  material.
                       disposal  of radioactive waste into sanitary sewerage
                       systems,  requirements for treatment and disposal by    Certain  requirements also apply to other
                       incineration, and sped fie requirements for the        radioactive materials, i.e., NARM released from
                       disposal  of radioactively contaminated animal tissue   facilities licensed to possess source, byproduct,
                       and liquid scintillation media.                         and special nuclear material.
Control of Uranium     Control measures shall be designed to ensure that      Applicable  to  certain inactive uranium processing     Uranium Mill  Tailings
or Thorium Mill        releases  of radon-222 from residual radioactive        sites  designated  for remedial action under Title I    Radiation  Control Act
Tailings               material  to the atmosphere will not exceed an          of UMTRCA (see Chapter  4 for more detail).            (UMTRCA) 40 CFR  section
                       average  (applied overtheentiresurfaceofthe                                                             192.02(b)
                       disposal  site and over at least a one-year period)
                       release rate of 20 pCi/m2/sec or increase  the
                       average annual concentration of radon-222  in the
                       atmosphere at or above any location outside the
                       disposal  site by more than 0.5 pCi/1.
                         considered high relative to recent EPA standards (see discussion  in  Section  4.2.1.1 of this chapter)
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                                                                      EXHIBIT 1-2

                    SELECTED  LOCATION-SPECIFIC POTENTIAL APPLICABLE  OR RELEVANT  AND APPROPRIATE  REQUIREMENTS
Location
                                                                                       Prerequisites for Applicability
                                                                                                                                           Citation
CHAPTER 1 - CLEAN AIR ACT
                        New maj or  stationary  sources shall apply best
                        available  control  technology for each pollutant,
                        subj ect  to regulation under the Act, that the
                        source  would  have  potential to emit in signi fleant
                        amounts.

                        Owner or operator  of  proposed source or
                        modi fication  shall  demonstrate that allowable
                        emissions  increases or reductions  (including
                        secondary  emissions)  will not cause or contribute
                        to  a violation  of  the NAAQS or applicable maximum
                        allowable  increase  over baseline concentrations.
Maj or stationary sources as  identi fied  in  40  CFR
section 52.21(b)(1)(i)(a)  that  emits, or has  the
potential to emit,  100  tons  per year  or more  of any
regulated pollutant;  any other  stationary  source
that emits,  or has  the  potential to emit,  250 tons
per year or more of  any regulated pollutant
                                                                             Any stationary facility or source  of  air  pollutants   CAA Part D, §173(1)
                                                                             that directly emits,  or has the  potential to  emit,
                                                                             100 tons per year or  more of any air  pollutant
                                                                             (including any maj or  emitting facility or source  of
                                                                             fugitive emissions  of any such pollutants) .  [CAA      CAA Part D, §173 (2)
                                                                             §302 (j ) ] .
                        All  maj or  stationary  sources owned or operated by
                        the  person in  the  State are in compliance, or on a
                        schedule  for compliance, with all applicable
                        emission  standards.
CHAPTER 3 - OTHER RESOURCE PROTECTION  STATUES
                                                                             Properties listed in the National  Register  of
                                                                             Historic Places,  or eligible  for such  listing.
                                                     National Historic
                                                     Preservation Act (NHPA)
                                                     16 CFR Part 470, et.  sec
Critical habitat
of/or an endangered
or threatened species   Actions  must  not  threaten the continued existence
                        of a  listed species.

                        Actions  must  not  destroy critical habitat.
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                                                               EXHIBIT  1-2  (Continued)

                    SELECTED  LOCATION-SPECIFIC  POTENTIAL APPLICABLE  OR RELEVANT AND  APPROPRIATE  REQUIREMENTS
Location
                                                                                       Prerequisites for Applicability
CHAPTER 3 - OTHER RESOURCE PROTECTION STATUES
Wild and Scenic
Rivers
           Are
Determine if proj ect will affect the free-flowing
characteristics, scenic,  or natural values of a
designated river;

Not authorize any water project or any other
project that would directly or indirectly impact
any designated river without noti fying DOE or

^ -_,_,,_^_ _^_L. ^_^.^u^^^,_,^ ilt^^ ^ ,__ consistent with,  to the
maximum extent practicable,  State coastal zone
management programs.
Federal agencies must supply the State with a
consistency determination.
The following are not allowed in a Wilderness
area:
         •    commercial enterprises
         •    permanent  roads,  except  as  necessary
             to  administer the area
         •    motor vehicles
         •    motor!zed  equipment
         •    motorboat
         •    aircraft
         •    mechani zed transport
         •    structure  or buildings
                                                     Any river,  and  the  bordering  or  adjacent land,
                                                     designated  as "wild and  scenic or recreational.
                                                                             Wetland,  flood  plain,  estuary, beach, dune, barrier
                                                                             island,  coral reef,  and  fish  and wildli fe and their
                                                                             habitat,  within the  coastal zone.
                                                                             Any unit  of  the  National Wildli fe Refuge System.
CHAPTER 5 - MINING, MILLING SMELTING SITES
Surface Mining Sites
Remove and segregate topsoil from site before
remedial action.  After cleanup redistribute
original soil on  site.
                        Minimi ze disturbance of the hydrologic balance
                        within the permitted and adj acent areas.
                        Implement sediment control measures to minimi ze
                        erosion and prevent additional  contributions  of
                        sediment to streamflow or runoff. Measures
                        instituted must attain State  and Federal  effluent
                        limits.
                                                     Applies  to all  surface  coal  mining  operations  except
                                                     for non-commercial  use,  extraction  of  250  tons or
                                                     less,  extraction  as an  incidental part  of
                                                     government-financed construction or of  mining  of
                                                     other  minerals, or  extraction  of coal  that  affects
                                                     less than 2 acres (30 CFR section 700.11).
Surface Mining Control
and Reclamation Act
(SMCRA)
30 CFR section 816.22

30 CFR section 816.41
(SMCRA)
30 CFR section 816.41
(SMCRA)
                        Backfill and grade disturbed areas to  approximate
                        original contour,  minimi ze erosion,  and achieve  a
                        stable slope.
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                                                                     EXHIBIT  1-3

                     SELECTED ACTION-SPECIFIC POTENTIAL APPLICABLE  OR RELEVANT AND APPROPRIATE  REQUIREMENTS
                                            Requirements
          Prerequisites for Applicability
CHAPTER 1 - CLEAN AIR ACT
New Source Performance
Standards

Incineration (general)
Storage of Petroleum
Liquids
CHAPTER 2 - TOXICS/PESTICIDES

                          All Storage Areas ^

                          Storage facilities must be  constructed:

                                   •    With an  adequate roof and walls.
                                   •    With a floor and curb of impervious
                                       materials.
                                   •    Without  drain valves,  floor-drains,
                                       expansion  j oints, sewer lines or
                                       other openings.
                                       Above the  100-year flood water
                                       level.
Incinerator burning  solid waste, more than 50% of
which is municipal-type waste, for the purpose of
reducing waste  volume by removing combustible
matter.
                                                                            Stationary gas  turbines with load heat input equal    40  CFR  section 60.332
                                                                            to or greater than  10.7 gigajoules per hour, based    (CAA)
                                                                            on the lower heating value of the fuel fired.
                                                                                                                                40  CFR  section 60.333
                                                                                                                                (CAA)
Storage vessel  constructed after 6/11/73 and prior
to 5/19/78  having  storage capacity greater than
40,000 gallons,  storing petroleum liquids with
vapor pressure  equal  to or greater than 1.5 psia.

Storage vessels  constructed after 5/18/78 having
storage capacity greater than 40,000 gallons,
storing petroleum  liquids with vapor pressure
equal to or greater than 1.5 psia.
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                                                           EXHIBIT 1-3  (Continued)

                    SELECTED ACTION-SPECIFIC POTENTIAL APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS
                                                                                  Prerequisites for Applicability
                                                                                                                                   Citation
CHAPTER 2 - TOXICS AND PESTICIDES

                      Temporary Storage  (30 days  or less)
                                  PCB articles and equipment that are
                                  non-leaking.
                               •   Liquid PCB  containers containing PCBs
                                  between 50-500 ppm if covered by a
                                  spill prevention, control, and
                                  countermeasure plan.

                      All Storage  Areas

                      Storage area must be properly marked.
                      No item of movable equipment used to handle  PCBs
                      that comes into contact with PCBs shall be moved
                      from the storage area unless it has been
                      decontaminated under section 761.79.
PCB Storage Prior to    Containers must be dated when they are placed in
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                     SELECTED ACTION-SPECIFIC POTENTIAL APPLICABLE OR RELEVANT  AND  APPROPRIATE REQUIREMENTS


                                          Requirements                               Prerequisites  for Applicability                     Citation

CHAPTER 2 - TOXICS AND PESTICIDES

Incineration of         Combustion requirements:
Liquid PCBs
                                    Either:
                                    Rate and quantity of PCBs fed to  the
                                    combustion system shall be measured
                                    and recorded at regular intervals no
                                    longer than 15 minutes.
                                    Flow of PCBs to incinerator must  stop
                                    automatically whenever the combustion
                                    temperature drops below specified
                                    temperature.
-1 An approved incinerator  (under section 761.70)  can be  used  to destroy any concentration  of  PCBs; a high-efficiency boiler  approved under section
761.61 (a) (2) (iii)  can be used for mineral oil  dielectric fluid from PCB-contaminated electrical equipment containing  PCBs in concentrations greater than or
equal to 50 ppm but less than 500 ppm;  and a RCRA-approved incinerator (under  section §3005(a)) can be used for  PCBs  that are not subj ect to the  incineration
requirements of TSCA  (i.e., at concentrations  less than 50 ppm).  Except as provided in section 761.75(b)(ii),  liquid  PCBs shall not be  processed  into non-
liquid  forms to circumvent the high-temperature incineration requirements  of section 761.60(a).
                                                                          1 — 12
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                                                                  EXHIBIT  1-3  (Continued)

                               SELECTED  ACTION-SPECIFIC  POTENTIAL APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS
Action
                                          Requirements
                                                                                       Prerequisites  for Applicability
                                                                                                                                             Citation
CHAPTER 2 - TOXICS AND PESTICIDES
                     Monitoring must  occur:
Incineration of
Liquid PCBs
(continued)
                             When  the  incinerator  is  first  used or
                             modi fled; monitoring  must   measure for O2,
                             CO, CO2, Oxides  of  Nitrogen,  HC1,  Rcl,  PCBs,
                             Total Particulate  Matter.
                          •  Whenever  the  incinerator  is  incinerating
                             PCBs, the  O2 and CO levels must be
                             continuously  chocked.  CO2 must be
                             periodically  checked.
                     Water scrubbers must  be  used  for  HC1 control.
                     Treatment standards under  RCRA land  disposal
                     restrictions  (LDRs):
                          •  incineration;  or
                          •  burning in high  efficiency boilers. _3/
                                                                              Incineration of liquid PCBs under the California
                                                                              List  Waste land disposal restrictions, assuming
                                                                              that  HOC wastes are mixed with a RCRA-Listed or
                                                                              -characteristic waste and total HOC concentration
                                                                              is equal to or greater than 1,000 mg/kg or PCB
                                                                              concentration alone is 50 ppm.
Incineration of
Non-Liquid PCBs,
PCB Articles, PCB
Equipment, and PCB
Containers
                     Same as for liquid PCBs.

                     Mass air emissions from the incinerator  shall  be  no
                     greater than O.OOlg PCB per kg of  the  PCBs  entering
                     the incinerator.
                     Monitoring is required.

                     Same as for liquid PCBs.
Incineration of non-liquid PCBs, PCB articles, PCB
equipment,  and PCB containers at concentrations of
50 ppm or greater unless specified in 40 CFR
section 761.60 4/
                                                                              Incineration of non-liquid PCBs regulated as HOCs
                                                                              under the California List Wastes land disposal
                                                                              restrictions, provided that HOC wastes are mixed
                                                                              with a RCRA-Listed or RCRA characteristic waste
                                                                              and total HOC concentrations equal to or greater
                                                                              than 1,000 mg/kg.
                                                      40  CFR  sections  761.70  and
                                                      761.180  (TSCA)
                                                      40  CFR  section  268.42
                                                      (TSCA)
                                                                              1-13
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                                                                  EXHIBIT 1-3  (Continued)

                             SELECTED ACTION-SPECIFIC POTENTIAL  APPLICABLE  OR RELEVANT AND APPROPRIATE REQUIREMENTS
Action                                      Requirements                                Prerequisites for Applicability                      Citation
CHAPTER 2 - TOXICS AND PESTICIDES
Chemical Landfilling    Landfill must be located in thick, relatively         Disposal of PCEs and PCB Iterns in a chemical waste
of PCB                  impermeable soil formation or on soil with high       landfill
                        clay and silt content with:
                             •   Soil thickness of  4 foot, or compacted soil   •       Mineral oil dielectric fluid from PCB-
                                liner thickness of 3 feet.                            contaminated electrical equipment or other
                                                                                      liquids containing PCBs at a concentration
                             •   Permaability  (cm/sec), less than IxlO"7                of 50 ppm  or greater but less then 500
                                                                                      ppm.
                             •  Liquid limit, greater than 30.
                                                                              •       PCB Transformers, other PCB articles, PCB
                             •  Plasticity Index greater than 15.                     small capacitors, and PCB containers at
                                                                                      concentrations of 500 ppm or greater.
                        Synthetic membranes must be used when landfill
                        conditions cannot fulfill permeability requirement.


                        Avoid placing landfill in floodplain, shoreline, or
                        ground-water recharge areas and below the
                        historical high ground-water table.

                        Provide surface-water diversion dikes around the
                        landfill if the site is below the  100-year
                        flood-water elevation.
                        Locate landfill in an area of low to moderate
                        relief.

                        Monitor ground water and surface water in disposal
                        area prior to building a landfill.
                        Analyze all samples for the following parameters:
                                        PCBs
                                        pH
                                •       Specific conductance
                                •       Chlorinated organics
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                                                                  EXHIBIT 1-3  (Continued)

                             SELECTED ACTION-SPECIFIC POTENTIAL APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS
Action
                                           Requirements
Prerequisites for Applicability
                                                                                                                                             Citation
CHAPTER 2 - TOXICS AND PESTICIDES
Chemical Landfilling    Install a leachate monitoring system.
of PCBs (continued)
                        Place containers in landfill without damaging
                        other containers.
Marking of PCBs
                                                                             PCB article described in 40 CFR section  761.45
                                    PCB containers containing greater than
                                    50 ppm PCBs,  PCB transformers,  PCB
                                    Large High-Voltage Capacitors,
                                    equipment containing a PCB transformer
                                    or a PCB Large High-Voltage Capacitor,
                                    PCB Large Low-Voltage Capacitor at
                                    time of removal,  electric motors using
                                    PCB coolants,  hydraulic systems using
                                    PCB hydraulic fluid, heat transfer
                                    systems using PCBs,  PCB article
                                    containers containing any of the
                                    above,  storage areas used to store
                                    PCBs and PCB  item for disposal.
                        ALL marks must be an exterior of PCB container and
                        must be clearly visible.
                                    Open dumping

                                    Open burning

                                    Disposal into any body of water

                                    Those inconsistent with applicable
                                    law.
                                                                                                                                    Federal Insecticide
                                                                                                                                    Fungicide and Rodenticide
                                                                                                                                    Act  (FIFRA)  40 CFR
                                                                                                                                    section 165.7
                        Incinerate pesticide at a specified
                        temperature/dwell time that will ensure that all
                        emissions meet requirements of CAA relating to
                        gaseous emissions.
                                            40 CPR section 165.8  (a)
                                            (FIFRA)
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                                                                  EXHIBIT 1-3  (Continued)

                                 SELECTED  ACTION-SPECIFIC POTENTIAL APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS
Action
                                            Requirements
                                                                Prerequisites for Applicability
                                                                                                                                             Citation
CHAPTER 2 - TOXICS AND PESTICIDES
Disposal of
Pesticides
(continued)
Dispose of liquids,  sludges, or solid residues
generated by incineration in accordance with
applicable Federal,  State, and local pollution
control requirements.
If incineration facilities are not available,
dispose of pesticides by:
        •   Burial in  a designated landfill
                                 •   Well injection, if all other
                                    alternatives are more harmful to the
                                    environment .
                        Chemically or physically treat pesticides to          Incineration  ( recommended)  of metallo-organic
                        recover  heavy metals then  incinerate the pesticides   pesticides  (except mercury,  lead,  cadmium,  or
                        in compliance with CAA.                               arsenic compounds ) .
                        I f appropriate treatment and incineration are  not
                        available , the pesticides  may be :
                                                                                                            40 CFR section 165.8(b)
                                                                                                            (FIFRA)
                                 •   Chemically degraded and buried

                                    Stored

                                 •   Injected into the ground only if there
                                    is no alternative offering more
                                    protection to the environment .
                        Chemically deactivate pesticide and recover  the
                        heavy metals . I f chemical de activation  facilities
                        are not  available , encapsulate the pesticide and
                        bury it .
                        Store pesticide if neither deactivation  nor  burial
                        are available .
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                                                                 EXHIBIT  1-3  (Continued)

                             SELECTED ACTION-SPECIFIC  POTENTIAL APPLICABLE OR  RELEVANT AND  APPROPRIATE  REQUIREMENTS
Action
                                            Requirements
                                                                Prerequisites for Applicability
                                                                                                                                             Citation
CHAPTER 2 - TOXICS AND PESTICIDES
Disposal of Pesticide   Incinerate or bury in a designated landfill.
Containers and
Residue

                        Non-combustible containers must be:
                                •   Triple-rinsed.
                                                      Combustible containers that  formerly held organic
                                                      or  metallo-organic pesticides,  except  organic
                                                      mercury,  lead,  arsenic,  and  cadmium.
                                                      Non-combustible containers that  formerly held
                                                      organic or metallo-organio pesticides (with
                                                      exceptions noted above)
40 CFR section 165.9 (b)
(FIFRA)
                                •   Returned to a facility for recycling as
                                    scrap metal if in poor condition.
                        Triple puncture containers to facilitate drainage,
                        and dispose of in a sanitary landfill.
Labeling of
Pesticides
Label pesticides legibly,  and prominently,  to show:

        •   .Ingredients;

        •   Warnings  and precautionary statements;

            Toxicity;
Handling of
Pesticides
Individuals handling certain pesticides must be
State- or Federally-approved applicators
40 CFR section 171.4
(FIFRA)
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                                                                  EXHIBIT 1-3 (Continued)

                             SELECTED ACTION-SPECIFIC POTENTIAL APPLICABLE  OR RELEVANT AND  APPROPRIATE  REQUIREMENTS
Action                                      Requirements                                 Prerequisites for Applicability                      Citation
CHAPTER 4 - MANAGEMENT OF RADIOACTIVE WASTES
Discharge of            Airborne emissions  shall  not  cause members  of  the     Applicable to  airborne  emissions from DOE,             Clean Air Act (CAA)40 CPR
Radioactive             public to receive doses greater  than:                 NRC-licensed,  and non-DOE  Federal facilities during   Part 61,  Subparts H and I
Pollutants to Air                                                             their operational period.  Not  applicable to: doses    ~
                                 •   25 mrem/yr to the whole body; or          caused-by radon-220,  radon-222,  and their
                                                                              respective decay products;  facilities regulated
                                 •   75 mrem/yr to the critical organ. -1       under 40  CFR Parts 190,  191,  or  192;  and low-energy
                                                                              accelerators and users  of  sealed radiation  sources.
                        Best Available Technology:
Discharge of            The concentration of pollutants  discharged  in         Applicable to  discharges of radium-22 6 and  uranium
Radioactive             drainage from mines that  produce uranium ore shall    from open-pit  or underground mines from which
Pollutants to Surface   not exceed:                                           uranium,  radium,  and  vanadium ores are produced,
Waters                                                                        including mines  that  use in-situ leach methods. -1
                                 •   10 pCi/1 of dissolved radium-22 6 in any
                                    one day or 3 pCi/1 of dissolved
                                    radium-22 6 average over 30 consecutive
                                    days ^
                        Best Practicable Control  Technology:
                        The concentration of pollutants  discharged in
                        drainage  from mines from  which uranium,  radium,  and   from open-pit  or underground mines from which
                        vanadium  ores are produced  shall  not  exceed the        uranium,  radium,  and vanadium ores are produced,
                        same concentration criteria noted above  for the
                        Best Available Technology.
-/  A millirem (mrem)  = 0.001 rem, where a rem is a measure of dose equivalence  for the biological  affect  of  radiation of different types and energies on
people.
-/  Lead agencies are cautioned that the radionuclide NESHAPs are being reexamined subj ect to  a  voluntary  remand  and that they may be revised in the future.
                                                                             1-18
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                                                                  EXHIBIT  1-3  (Continued)

                             SELECTED ACTION-SPECIFIC POTENTIAL APPLICABLE OR  RELEVANT AND  APPROPRIATE REQUIREMENTS
Action
                                            Requirements
                                                                 Prerequisites  for Applicability
                                                                                                                                              Citation
CHAPTER 4 - MANAGEMENT OF RADIOACTIVE WASTES
                        Best Practicable  Control  Technology:
Discharge of
Radioactive
Pollutants to Surface
Waters  (continued)
The concentration of pollutants discharged  from
mills shall not exceed the concentration criteria
for radium-22 6 noted above for the Best Available
Technology.

New Source Performance Standards:
The concentration of pollutants discharged  in mine
drainage from mines that produce uranium ore shall
not exceed the same concentration criteria  noted
above for the Beat Available Technology.
                                                                               vanadium,  including mi11-mine facilities and mines
                                                                                                           4 /
                                                                               using in-situ leach methods.
                                                                               extraction of uranium and from mines and mills
                                                                                                           4 /
                                                                               using in-situ leach methods.
Discharge of
Radionuclides to
Unrestricted Areas
(Air and Water)
Airborne and liquid discharges to unrestricted
areas shall meet radionuclide-spedfie
concentration limits in 10 CFR Part 20, Appendix  B,
Table II.  These concentrations are designed  to
limit radiation exposure to members of the public
to 0.5 rem/year to the whole body, blood-forming
                                                                               Applicable to releases of source,  byproduct,  and
                                                                               special  nuclear material,  as well  as to naturally
                                                                               occurring and accelerator-produced radioactive
                                                                               material (NARM)  released from facilities licensed
                                                                               to  possess source,  byproduct,  and special nuclear
                                                                               material.
"•  These dose limits are considered high  relative  to  recent  EPA standards (see discussion in Section 4.2.1.1 of Chapter 4 of Part II).
—  Section 104  (a)(3)(A) of CERCLA as  amended  by SARA prohibits response to  releases "of a naturally occurring substance in its unaltered  form or  altered
solely through naturally occurring processes or phenomena,  from a location where it is naturally found." NARM possessed and used by  a nuclear material
licensees, in almost all cases, would  not  qualify  as  a naturally occurring substance as it is defined in this section.
-1  These  standards  are  potentially applicable only  for CERCLA actions at sites licensed by the NRC, but may  be relevant  and  appropriate  to  radioactively
contaminated sites not licensed by the NRC.
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                                                                  EXHIBIT  1-3  (Continued)

                             SELECTED ACTION-SPECIFIC POTENTIAL APPLICABLE OR RELEVANT AND  APPROPRIATE  REQUIREMENTS
Action
                                            Requirements
                                                                Prerequisites  for Applicability
                                                                                                                                              Citation
CHAPTER 4 - MANAGEMENT OF RADIOACTIVE WASTES
Protection of Ground
Water from
Radioactive
Contamination
Corrective Action of
Radioactively
Contaminated Ground
Water
Uranium mill tailings shall be managed so as to
conform to the ground-water protection standard in
40 CFR section 264.92, except that for the purpose
of this standard:
        •   Molybdenum,  uranium,  and thorium are
            added  to the list of hazardous
            constituents referenced in 40 CFR
            section 264.93;
        •   Radioactivity concentration limits for
            radium and gross alpha particle
            activity are added to Table 1 of 40 CFR
            section 264.94;  and ^-
        •   Detection monitoring programs required
            under  section 264.98 to establish the
            standards required under section 264.92
            shall  be completed within one year of
            promulgation.  %J-
If the ground-water standards established under 4 0
CFR section 192.329(a) (2) are exceeded at a
licensed site, a corrective action program as
specified in 40 CFR section 264.100 shall be put
into operation an soon as is practicable, and in no
event later than 18 months after a finding of
exceedance .  %J-
                                    <5 pCi/g, no further cleanup is needed;

                                    Between 5 and 15 pCi/g, a decision
                                    concerning the need for further cleanup
                                    should be made based on the volume and
                                    depth of the contamination, as well an
                                    other site-sped fie characteristics
                                    (further guidance from EPA1s ORP should
                                    be sought in these cases); or
                                                      Applicable to certain  inactive  uranium processing
                                                      sites designated  for remedial action  under  Title I
                                                      of UMTRCA  (see Chapter 4  of  Part  II for more
                                                      detail), as well  as active commercial  uranium and
                                                      thorium processing sites  licensed by  the NRC  or
                                                      States.
Uranium Mill Tailings
Radiation Control Act
(UMTRCA)
   Refer  to  Chapter  2  of  Part  I  of this guide for guidance on CERCLA compliance with RCRA.
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                                                                    EXHIBIT 1-3  (Continued)

                                    SELECTED ACTION-SPECIFIC  POTENTIAL APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS
Action
                                            Requirements
                                                                 Prerequisites for Applicability
                                                                                                                                              Citation
CHAPTER 4 - MANAGEMENT OF RADIOACTIVE  WASTES
        of Uranium or
        Hill Tailings
Remedial actions should attempt  to  achieve  an
annual average radon decay product  concentration
(including background) of less than 0.02  WL in any
occupied or habitable building.  In  any case, the
radon decay product concentration shall not exceed
0.03 WL. IV
The level of gamma radiation  shall  not exceed  the
background level by more than  20
microroentgens/hour in any occupied or habitable
building.—/
Control measures shall be designed  to  be  effective
for up to 1,000 years, to the  extent reasonably
achievable,  and, in any case,  for at least  200
years.
Control measures shall be designed  to  ensure that
releases of radon-222 from residual radioactive
material to the atmosphere will  not exceed  an
average (applied over the entire surface  of the
disposal site and over at least  a one-year  period)
release rate of 20 pCi/m2/ sec or increase  the
average annual concentration  of  radon-222 in the
atmosphere at or above any location outside the
disposal site by more than 0.5 pCi/1.
At the and of the closure period, disposal  areas
shall be designed to be effective for  up  to 1,000
years, to the extent reasonably  achievable,  and, in
any case,  for at least 200 years.
At the end of the closure period, disposal  areas
shall be designed to ensure that releases of
radan-222 from residual radioactive material to the
atmosphere will not exceed an  average  (applied over
the entire surface of the disposal  site and over at
east a one-year period) release  rate of 20
pCi/m2/ sec.
                                                                               Applicable to certain inactive uranium processing
                                                                               sites designated for remedial action under  Title I
                                                                               of UMTRCA  (see Chapter 4 of Part II for more
                                                                               detail).
—I A working  level,  or WL,  means any combination of short-lived radon decay products  (through  polonium-214)  in one liter of air that will result in the
emission of alpha particles with a  total  energy of 130 billion electron volts. An activity concentration  of  10  picocuries  per liter of radon-222 in
equilibrium with its daughters  corresponds  approximately to one WL.
ii/ A microroentgen  = 1 x 10"6 roentgen, where a  roentgen  is  a  unit of exposure to gamma or X-rays,  equivalent to an absorbed  dose in  tissue  of  approximately
0.9 rad. . A rad is  a  measure of the  energy imparted to matter by ionizing radiation, defined  as 100 ergs/g.
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                                                                  EXHIBIT  1-3  (Continued)

                             SELECTED ACTION-SPECIFIC  POTENTIAL APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS
Action
                                            Requirements
                                                                 Prerequisites for Applicability
                                                                                                                                              Citation
CHAPTER 4 - MANAGEMENT OF RADIOACTIVE  WASTES
Closure of Uranium
and Thorium Mill
Tailings Sites
Radioactive Waste
Treatment and
Disposal
Closure and Post-
closure Observation
and Maintenance of a
Low-level Radioactive
Waste Disposal Site
At the and of the closure period,  disposal  areas
shall each comply with the closure performance
standard in 40 CFR section 261.111 with  respect to
non-radiological hazards  (see  Exhibit  1-3 in  Part  I
for more discussion on 261.111).^/
A variety of waste disposal requirements are  set,
including those sped fying bow licensees may
dispose of licensed material  (see  Section 4.2.1.1
of Chapter 4 of Part II), as well  as concentration
limits for disposal of radioactive waste into
sanitary sewerage systems, requirements  for
treatment and disposal by incineration,  and
sped fie requirements for the  disposal of
radioactively contaminated animal  tissue and  liquid
scintillation media.
Closure designs must assure that long-term
performance objectives of 10 CFR sections 61.41-
61.44 (see below) are met, taking  into account
site-sped fie geologic, hydro logic, and  other
conditions.
Applicable to all categories of NRC  licensees;  also
applicable to Agreement State  licensees.  Applicable
to releases of source, byproduct,  and  special
nuclear material.

Certain requirements also apply to other
radioactive materials, i.e., NARM  released from
facilities licensed to possess source,  byproduct,
and special nuclear material.

Applicable to NRC-licensed land disposal  facilities
that receive low-level wastes  from others (i.e.,
commercial disposal facilities).
10 CFR section 61.2E
(AEA, LLWPA and
LLRWPAA)^/
                 . 	 maintained  for  5  years
i, _L^nyc_L or shorter periods may be  allowed)  and then
responsibility is transferred to  a Federal  or  State
government agency, which will implement
institutional care requirements in 10 CFR  section
61.23(g).
                                                                                            Uranium and thorium mill tailings
                                                                                           (addressed in 10 CFR Part 40 and 40 CFR
                                                                                           Partl92);  and

                                                                                           Radioactive waste by an individual
                                                                                           licensee,  as provided for in 10 CFR
                                                                                           Part 20.
                                                                                                                                      10  CFR  sections  61.29 and
                                                                                                                                      61.30  (AEA,  LLWPA,  and
                                                                                                                                      LLRWPAA)
US Refer to Chapter 2 of  Part  I  of  this  guide  for guidance on CERCLA compliance with RCRA.
12/ Part 61 was promulgated primarily under the authority of the Atomic Energy Act, but two other statutes  from which  authority was derived are the
Low-Level Waste Policy Act of  1980  (LLWPA)  and the Low-Level Radioactive Waste Policy Amendments Act of  1985  (LLRWPAA).
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                                                                 EXHIBIT  1-3  (Continued)

                             SELECTED ACTION-SPECIFIC POTENTIAL APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS
Action
                                            Requirements
          Prerequisites for Applicability
                                                                                                                                             Citation
CHAPTER 4 - MANAGEMENT OF RADIOACTIVE WASTES
Siting, Operation,
Decontamination,
Decomissioning, and
Reclamation of
Uranium Mills and
Mill Tailings
                        A variety of performance objectives are
                        established, including standards that set limits on
                        radiation exposures by members of the public,
                        protect people from inadvertently intruding onto a
                        radioactive waste site, and stabilize the site
                        after closure. The public exposure limits are the
                        same dose limits as in 40 CFR Part 190.
Same prerequisites as sped fied above for 10 CFR
Part 61, except that existing technical
requirements are applicable only to the
near-surface disposal of radioactive waste.  A near
surface disposal facility is defined as one that
disposes of waste in or within the upper 30 meters
of the earth's crust.
Applicable to active uranium or thorium mills and
inactive mills that are not covered under the
remedial action program of UMTRCA'S Title I  (see
Chapter 4 of Part II for more discussion on this
remedial action program).
                                                      10 CFR sections 61.41
                                                      through 61.44  (Subpart C
                                                      of Part 61)   (AEA,  LLWPA,
                                                      LLRWPAA)
                                                                                                                                    10 CFR sections 61.50
                                                                                                                                    through 61.59 (Subpart D
                                                                                                                                    of Part 61)   (AEA,  LLWPA,
                                                                                                                                    and LLRWPAA)
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                                    CHAPTER 2

       CLEAN AIR ACT REQUIREMENTS AND RELATED RCRA AND  STATE REQUIREMENTS

 2.0   SOURCES OF AIR EMISSIONS AT UNCONTROLLED HAZARDOUS WASTE  SITES

       Air pollution problems at uncontrolled hazardous waste  sites  are  usually
 the result of emissions of gas or particulate matter  (e.g., dust)-1 Such
 emissions may be released through a stack,  chimney, vent,  or  other
 functionally equivalent opening. Emissions  that do not pass through such
 openings are considered to be "fugitive"  emissions.

       Gaseous emissions from uncontrolled hazardous waste  sites may be  due  to
 the vaporization of liquids, thermal destruction of organics, venting of
 entrained gases, or chemical and biological reactions  with solid  and liquid
 waste material. Volatile organic compounds  (VOCs) may  be released slowly but
 continuously from surface impoundments or landfills. Methods  for  controlling
 the release of gaseous emissions into the atmosphere include  placement  of
 covers, to control volatile emissions from  impoundments, and  the  use of active
 gas collection systems, to collect and control gases generated  in landfills.

       Emissions of particulate matter at  uncontrolled  hazardous waste sites
 are likely to be caused by incineration or  by sources  of fugitive dust
 emissions, such as wind erosion of exposed  waste materials or cover soil.
 Commonly used measures for controlling fugitive dust emissions  from inactive
 waste piles and from active cleanup sites include use  of chemical dust
 suppressants, wind screens, water spraying, and other  dust control  measures
 commonly used during construction.

       The following activities, commonly  performed during  a CERCLA  cleanup
 action, may be sources of air emissions:

          •  Air stripping  (used to volatilize contamination both
             in ground water and in soil);2

          •  Thermal destruction  (e.g., incineration),  which may
             produce emissions through volatilization of organic
             contaminants and through volatilization or suspension
             of particulate matter into the  stack gases;

          •  Handling of contaminated soil,  including loading,
             unloading, compaction of material in a landfill,  and
             transfer operations  (e.g., digging and relocating of
       1 Uncontrolled hazardous waste sites include some sites where Superfund
 actions are already underway.
       2 EPA has developed a policy for control of emissions from air stripper
 operations at CERCLA sites, entitled Control  of Air  Emissions  from  Superfund
 Air Strippers at Superfund Groundwater Sites,  June 15,  1989  (OSWER  Directive
 9355.0-28) .
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          soil) can lead to volatilization  of  organic  contaminants
          and wind entrainment of particulates;

        •  Gaseous waste treatment  (e.g.,  flaring used,  for  example,
          when capping and venting a  site,  usually  abandoned  or
          inactive landfills); and

        •  Biodegradation, especially  when aeration  of  liquids  is
          involved.

       Many of the sources of gaseous and particulate  matter  emissions may  be
 subject to Federal or State regulations. In addition,  control devices and  some
 cleanup activities that increase the amount of emissions,  or  change  the  type,
 e.g.,  flares, air strippers, or excavation, may be considered sources subject
 to air emission requirements contained in  the CAA,  or RCRA.3 The remainder of
 this chapter discusses the ARARs related to air emissions  that may be
 triggered by remedial activities at  CERCLA sites.  The CAA, RCRA, and State
 requirements are discussed in turn.

 2.1   THE CLEAN AIR ACT

       The objective of the CAA is to protect  and enhance the  quality of  the
 nation's air resources in order to promote and maintain public health and
 welfare and the productive capacity  of the population. The CAA achieves  this
 objective by regulating emissions into the air. Controls on  stationary and
 mobile sources of emissions are implemented through combined  Federal, State,
 and local programs. Pursuant to the  CAA, EPA  has promulgated National Ambient
 Air Quality Standards, National Emission Standards for Hazardous Air
 Pollutants, and New Source Performance Standards,  any of which may apply to
 the source, depending on the pollutant involved. These potential ARARs are
 described in detail below.

        •  National Ambient Air Quality Standards for Criteria  Pollutants.

        Pursuant to the CAA §109, EPA  promulgates national ambient air quality
 standards  (NAAQS)  (see 40 CFR Part 50 and  Exhibit  2-1). The  attainment and
 maintenance of these primary and secondary standards  are required to protect
 the public health  (allowing an adequate margin of  safety)  and the public
 welfare, respectively. EPA has promulgated NAAQS for  the following six
 pollutants  (called "criteria pollutants"): particulate matter equal  to or  less
 than 10 microns particle size  (PM10),  sulfur dioxide,  carbon  monoxide, ozone
  (which results from the photochemical oxidation of VOCs),  nitrogen
       3 Many remedial technologies, such as air strippers, soil gas evacuation
 systems, methane flares,  in  situ vitrification  systems,  and  ion exchange  resin
 systems have radioactive  byproducts. These  systems  often remove and emit
 naturally occurring  radioactive materials,  such as  radon-220  and  radon-222,  as
 well as the chemical contaminants, especially in  some  geological  locations
 with high concentrations  of  radioactive materials.  See Chapter 5  of Part  II
 for potential ARARs  for radioactive materials.
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                                   EXHIBIT 2-1

                     NATIONAL AMBIENT AIR QUALITY  STANDARDS3
                                     (NAAQS)
Criteria
Pollutant
Carbon Monoxide
Lead
Nitrogen dioxide
Particulate Matter
(PM10)
Ozone
Sulfur oxides
Primary
Standards
9 ppm
35 ppm
1 . 5 • g/m3
0.053 ppm
50 • g/m3
150 • g/m3
0.12 ppm
0.03 ppm
0.14 ppm
Averaging Time
8-hourb
l-hourb
Quarterly average
Annual (arithmetic mean)
Annual (arithmetic mean)0
24-hourd
l-houre
Annual (arithmetic mean)
24-hourb
3-hourb
Secondary
Standards
None
Same as primary
Same as primary
Same as primary
Same as primary
0 . 5 ppm
 a States translate  these  ambient  standards  into source-specific emission
 limitations  in  State  Implementation  Plans.

 bNot to be  exceeded more than once per year.

 c The standard is  attained where  the  expected annual arithmetic mean
 concentration,  as  determined  in  accordance  with Appendix K (52 FR 24667,  July
 1,  1987), is  less  than or equal  to 50  • g/m3.

 d The standard is attained when the expected number of days per calendar  year
 with a 24-hour  average concentration above  150 • g/m3 is  equal  to  or  less  than
 1.

 e The standard is attained when the expected number of days per calendar  year
 with maximum hourly average concentrations  above 0.12  ppm is  equal to or  less
 than 1.
                                       2-3
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 dioxide, and lead.  Primary  standards  are  set  at  levels  to  protect  public
 health. Secondary  standards are  set at  levels  to protect public  welfare,  which
 includes wildlife,  climate, recreation, transportation, and  economic  values.

        •  National  Emission  Standards  for  Hazardous Air  Pollutants

        Pursuant to  the CAA §112,  EPA identifies pollutants  for  which no  ambient
 air quality standard exists but  that  cause  or  contribute to  air  pollution that
 may reasonably be  anticipated  to result in  an  increase  in  mortality or  in
 serious irreversible, or incapacitating reversible,  illness. EPA first  "lists"
 a pollutant as hazardous and then establishes  emissions standards  for source
 types  (i.e., industrial categories) that  emit  that pollutant,  known as
 national emissions  standards for hazardous  air pollutants  (NESHAPs).  NESHAPs
 have been promulgated for specific source types  emitting the following
 pollutants: arsenic, asbestos, benzene, beryllium, mercury,  radionuclides,  and
 vinyl  chloride  (see 40 CFR  Part  61 and  Exhibit 2-2).  Coke  oven emissions  have
 also been listed as a hazardous  air pollutant  but a  NESHAP for such emissions
 has not yet been finalized.

        •  New Source Performance  Standards for  Criteria  and Designated
          Pollutants

        Under the CAA §111, EPA  promulgates new  source performance standards
  (NSPS) for CFRtain  classes  of  new stationary  sources (e.g.,  industrial
 categories) of air  pollution  (listed  at 40  CFR Part  60). Section 111(d) of  the
 CAA, however, requires that, for designated pollutants, States must regulate
 existing sources.4 The NSPS limit  the emissions  of a number  of different
 pollutants, including the six  criteria  pollutants and the  following three
 designated pollutants: fluorides,  sulfuric  acid  mist, and  total  reduced sulfur
  (including H2S) .

        2.1.1  National Ambient  Air Quality Standards  (NAAQS)

        The primary  and secondary  standards for  criteria  pollutants  (i.e.,
 NAAQS) are identified at 40 CFR  Part  50 (see  Exhibit 2-1). The NAAQS  for  some
 criteria pollutants can include  both  short-term  and  long-term  averaging times
  (e.g., 3-hour, 24-hour, and annual standards  for sulfur oxides).  These
 standards do not apply directly  to source-specific emissions limitations;
 rather, they are national limitations on  ambient concentrations  intended  to
 protect health and  welfare.

        Under the CAA §107, each State  has  the primary responsibility for
 assuring that NAAQS are attained and  maintained. Section 110 requires each
 State  to adopt and  submit to EPA for  approval  a  plan for the implementation,
 maintenance, and enforcement of  the NAAQS.  EPA approves a  State  Implementation
 Plan  (SIP) or portion thereof  when it meets the  requirements of  the CAA
 §110(a)(2). Upon EPA
       4 Pollutants that are regulated under NSPS, and for which EPA has
 promulgated neither NAAQS  or NESHAPS, are  referred  to as  designated
 pollutants.

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                                       EXHIBIT 2-2

                                HAZARDOUS AIR POLLUTANTS:
                                  SOURCES AND  STANDARDS3
                                        (NESHAPs)
Hazardous
Pollutants
                  Sources
                                        Standards
Mercury
Asbestos
Mercury smelters, choroalkali
plants
Sewage sludge incinerators/dryers

Asbestos mills
Roadways
Manufacturing
Demolition
2,300 g/day

3,200 g/day

No visible emissions
No surfacing with asbestos
No visible emissions
Notification, wet and remove
   friable asbestos
Beryllium
Vinyl chloride
                  Spraying
                  Fabrication
                  Insulation
                  Mill waste disposal
                  Waste disposal—manufacturing,
                     demolition/renovation, spraying,
                     fabricating
                  Inactive waste disposal sites for
                     mills, manufacturing, fabricating
                  Active waste disposal sites
Extraction plants, ceramic plants,
   foundries, incinerators, rocket
   propellant plants, machine shops
Rocket motor test sites, collection
   of combustion  products

Ethylene dichloride plants

Vinyl chloride plants
Vinyl chloride polymer plants
                                        Limitations on concentrations
                                              of asbestos, no visible
                                              emissions

                                        No visible emissions
                                        No asbestos
                                        No visible emissions
                                        No visible emissions
No visible emissions,
design/work practice
standards
No visible emissions,
design/work practice
standards

10 g/day or 0.01 • g/m3 ambient
   concentration (with 3 years
   of monitoring data)
2 g/hr, maximum lOg/day
10 ppm, equipment standards,
   work practice standards
10 ppm
10 ppm
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                                  EXHIBIT 2-2 (Continued)

                                 HAZARDOUS AIR POLLUTANTS:
                                   SOURCES AND  STANDARDS3
                                         (NESHAPs)
 Hazardous
 Pollutants
                  Sources
                                      Standards
 Benzene13
 Arsenic13
 Radionuclidesb
 Radon 222


 Coke oven
 emissions
Fugitive leaks from equipment
   containing >.10% benzene

Glass manufacturing
Primary copper


Arsenic trioxide and metallic
   arsenic production

DOE facilities

NRC facilities

Elemental phosphorus

Uranium mines
Uranium mill tailings

Coke ovens  (proposed 4/23/87)
No detectable emissions
   (approx. 500 ppm.)

Existing: 2.5 Mg/year or 85%
control
New:  0.4 Mg/year or 85%
   control

11.6 mg/m3 particulate
   matter

Inspection, maintenance, and
housekeeping

25 mrem/year  (whole body)0
75 mrem/year  (any organ)
25 mrem/year  (whole body)
75 mrem/year  (any organ)
21 Ci/yeard

Design and operation
Design and operation

Visible emissions and operating
and maintenance requirements
a  40  CFR Part 61
b  The NESHAPs for arsenic,  benzene,  and radionuclides are being reexamined and may be
revised as a result of a July 1987 court ruling on vinyl chloride NESHAPs. The  court
required EPA to first consider only human health in determining a safe  level  of risk,  and
only then consider costs and technical feasibility in establishing  an ample margin  of
safety.

c  mrem - millirem

d  Ci  - curie
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 approval, the SIP becomes Federally enforceable. Thus, State  requirements can
 become Federal requirements by means of the SIP approval process.

       As discussed in the section below, only "major  sources" are  subject to
 requirements related to attainment of NAAQS. In general, emissions  from CERCLA
 activities are not expected to qualify as "manor."

       Of course, in addition to NAAQS, the States may also adopt more
 stringent standards or standards with additional averaging times  (including
 more stringent definitions of "major sources"). Both  State requirements
 approved through the SIP process and more stringent State standards issued
 under State law are potential ARARs for Superfund sites. Moreover,  States may
 delegate authority to Regional or local air programs  for SIP  requirements. Any
 Regional or local air program requirements that are a part of a SIP under the
 CAA are considered potential ARARs.5

       2.1.1.1  Pre-Construction Review

       In general, new and modified stationary sources of air  emissions must
 undergo a pre-construction review. Pre-construction reviews are conducted by
 EPA, the State, or the local air pollution control agency  (40 CFR  sections
 51.160 through 51.164) to determine whether the construction  or modification
 of any stationary source will interfere with attainment or maintenance of
 NAAQS or will fail to meet other new source review requirements, including
 NESHAPs and NSPS, which would result in a denial of a permit  to construct. The
 scope and extent of the review, including the extent  and types of  pollution
 control required and possible exemptions for de minimis  (i.e., low level)
 emissions, varies according to Federal or State requirements. Examples of
 pollution controls that may be required for CERCLA activities include vapor
 recovery on air strippers, controls on emissions of particulates from
 incinerators, and controls on sources of fugitive particulate emissions. SIPs
 may require some version of best available control technology  (BACT) on
 particular types of emission in attainment/unclassified areas, Lowest
 Achievable Emission Rates  (LAER), or emission offsets in non-attainment areas,
  (see Prevention of Significant Deterioration and non-attainment sections in
 Appendix A).

       Although CERCLA $121(e) exempts facility owners/operators from having to
 obtain permits for on-site remedial activities, the substantive requirements
 and conditions that would otherwise be included in the permit must  be met. It
 is the responsibility of the RPM, through the Superfund process, to identify
 and to comply with these requirements  (see Section 2.4 below  for suggestions
 regarding how EPA's Superfund and Air offices can work together to  determine
 these requirements).

       The permitting process related to attainment of NAAQS applies only to
 "major" sources of air emissions. Thus, requirements  related  to attainment of
 NAAQS are ARARs only when the remedial activity at a  CERCLA site is a major
         Local  regulatory  agencies'  rules  are  not  always  a  part  of  the  State's
 SIP. Under these circumstances, such rules are not potential ARARs but  should
 be considered in developing a protective remedy.
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 source of emissions, considering the aggregate of all  source emissions  at  the
 site. Generally, it is not anticipated that emissions  from CERCLA activities
 would qualify as "major."  (The definition of "major  source" differs  for
 attainment and non-attainment areas. See discussion  below and Appendix  A for
 EPA definitions of major sources under the CAA.) For major sources,  different
 requirements will be triggered depending on whether  the new modified
 stationary source is located in an attainment or non-attainment area.
 Attainment and non-attainment areas are designated in  40 CFR Part 81.

       2.1.1.2  Attainment Areas

       The Prevention of Significant Deterioration  (PSD) requirements for
 attainment areas apply to new major stationary sources and major modifications
 in areas designated as being in attainment of the NAAQS for criteria
 pollutants. The PSD requirements for attainment areas  also apply in  areas
 where no data exist and the area is defined as unclassified. Regions
 throughout the country are designated as attainment  or non-attainment areas
 for each of the criteria pollutants. Part C of the CAA requires SIPs to
 contain "adequate provisions" for the prevention of  significant deterioration
  (the PSD program) of air quality in an attainment  (or  unclassified)  area,
 i.e., a "clean" area whose air quality is better than  that required  by  the
 NAAQS. In general, the purpose of the PSD program is to ensure that  air
 quality in attainment areas does not significantly deteriorate, while a margin
 for future industrial growth is maintained. PSD areas  do not necessarily have
 the same boundaries as air quality control regions.

       "Major" new sources or "major" modifications to  existing sources  must
 meet PSD requirements and obtain PSD permits before  beginning construction.
 Pursuant to §121(e), a CERCLA response action taking place entirely  on  site is
 exempt from the requirement to obtain a permit. However, the action  must
 comply with all substantive requirements of a PSD review.

       Under the PSD program, a CERCLA site would not be considered a major
 source unless it was expected to emit 250 tons or more per year of any
 regulated pollutant  (or the site contains CFRtain specific types of
 facilities, such as an incinerator or a chemical processing plant, for  which
 the threshold is 160 tons per year). SIP or other State requirements may have
 different ton per year thresholds for applying PSD requirements. PSD
 regulations require that the source install and operate the BACT for Certain
 pollutants. The regulations also ensure that the source will not cause  or
 contribute to violations of the NAAQS or PSD increments for sulfur dioxide,
 nitrogen dioxides, and particulates; will not impair visibility or adversely
 impact soils or vegetation; and will not cause adverse impacts on the air
 quality-related values of certain wilderness areas and national parks.6
         Increments refers to the maximum allowable increase of the pollutant
 in an attainment area. More detail on the potential applicability of  PSD
 requirements is provided in Appendix A.
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       2.1.1.3  Non-Attainment Areas

       An area may be designated non-attainment  for any of the NAAQS. Non-
 attainment area permits are issued under State  or local jurisdiction. A CERCLA
 site would not be considered a major source unless its emissions equalled or
 exceeded 100 tons or more per year of the pollutant  for which the area is
 designated non-attainment.  (SIP or other State  requirements may have different
 thresholds.) Sources emitting a non-attainment  pollutant must meet  the lowest
 achievable emission rate  (LAER). In addition, the SIP must contain  a growth
 allowance or the source must provide an emissions offset  (i.e., offset the
 quantity of the source's emissions by reducing  emissions of the non-attainment
 pollutant emanating from one of its own operations or from an unrelated
 source). The program also provides that a permit may not be issued  unless all
 other sources owned or operated by the permit applicant in the State are in
 compliance with the SIP. A given area can be designated an attainment area for
 one of  the criteria pollutants and a non-attainment  area for different
 criteria pollutant.

       2.1.2    National Emissions Standards for Hazardous Air Pollutants
                 (NESHAPs)

       Section 112 of the CAA directs EPA to publish, and periodically to
 revise, a list of hazardous air pollutants for  which it intends to  establish
 emission standards, and to establish emission standards for those pollutants.
 Hazardous air pollutants are those for which no ambient air quality standard
 exists, but which cause, or contribute to, air  pollution that may reasonably
 be anticipated to result in an increase in mortality or an increase in serious
 irreversible, or incapacitating reversible, illness. The statute directs EPA
 to establish standards at the level that provides an ample margin of safety to
 protect the public health from such hazardous air pollutants. The standards
 are referred to as national emissions standards for  hazardous air pollutants
  (NESHAPs), listed in 40 CFR Part 61  (see Exhibit 2-2).

       NESHAPs, like NSPS, are promulgated for emissions of particular air
 pollutants from specific sources  (e.g., inorganic arsenic emissions from glass
 manufacturing plants). NESHAPs are not generally applicable to Superfund
 remedial activities because CERCLA sites do not usually contain one of the
 specific source categories regulated. Moreover, NESHAPs as a whole  are
 generally not relevant and appropriate because  the standards of control are
 intended for the specific type of source regulated and not all sources of that
 pollutant. Possible exceptions to this are the  asbestos and radionuclide
 NESHAPs, which are discussed in the next two sections. However, part of a
 NESHAP may be relevant and appropriate to a CERCLA site. For example, the
 vinyl chloride NESHAP, which applies to vinyl chloride and polyvinyl chloride
 manufacturing plants, sets an emissions level for strippers. This portion of
 the NESHAP would only be applicable to a CERCLA air  stripper if the stripper
 fell into the category of a manufacturing plant. This same standard may be
 relevant and appropriate, however, for any CERCLA air stripper producing vinyl
 chloride emissions.

       2.1.2.1  Asbestos NESHAPs

       The NESHAPs for asbestos may, in some circumstances, be ARARs for the
 cleanup of Certain kinds of asbestos waste. Subpart  M of 40 CFR Part 61
 establishes standards for inactive waste disposal sites for asbestos mills and
 manufacturing

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 and fabricating operations  (40 CFR  section  61.153),  for  active waste  disposal
 sites  (40 CFR section  61.156), and  for disposal  of  asbestos-containing waste
 from demolition and renovation operations  (40  CFR section  61.152). Although
 not applicable to CERCLA  sites,  requirements in  these  sections may be relevant
 and appropriate to Superfund  cleanup activities  when they  are sufficiently
 similar to the site situation and appropriate  to the circumstances of the
 release.

       The asbestos NESHAPs  also  list acceptable  procedures  for asbestos
 emissions control for  demolition of buildings  or equipment  containing friable
 asbestos material  (40  CFR section 61.147).  These requirements may be  ARARs if
 the Superfund cleanup  were  to involve, for  example,  demolition of an  abandoned
 building containing asbestos.

       2.1.2.2  Radionuclide NESHAPs

       The radionuclide NESHAPs are  presented in  five different subparts  of
 Part 61, with each subpart  addressing a  different source category as  shown
 below:7

        •  Subpart B applies  to active underground uranium mines;

        •  Subpart H applies  to certain facilities owned or  operated
          by DOE;

        •  Subpart I applies  to Certain NRC-licensed  facilities
           (including Agreement State licensees) and  facilities
          owned or operated  by any Federal agency other than DOE;

        •  Subpart K applies  to calciners  and nodulizing kilns at
          elemental phosphorus plants; and

        •  Subpart W applies  to NRC-licensed  uranium  mill  tailings
          sites during  their operational  period.

       Subparts H and I limit  radiation doses that can  be received by  members of
 the general public as  a result of airborne  emissions from  DOE facilities and
 NRC-licensed/non-DOE Federal  facilities, respectively. Exhibit 1-1 and Chapter 5
 of Part II of this guidance manual  discuss  the specific  radiation dose limits and
 their prerequisites for applicability. The  requirements  in  Subparts H and I would
 be applicable to airborne emissions of radionuclides during the cleanup  of sites
 at DOE  facilities, NRC-licensed  facilities, and  non-DOE  Federal  (e.g., DOD)
 facilities. It is important to clarify however,  that these  subparts would not be
 applicable or relevant and  appropriate for  airborne emissions from residual
 contamination after cleanup,  when the
         Lead agencies are cautioned that the existing radionuclide NESHAPs, as
 well as other NESHAPs, may change in  form  or substance  as  a  result of  a  voluntary
 remand to be consistent with the July 1987 vinyl  chloride  ruling. The  Agency  will
 revise NESHAPs only to consider human health when setting  a  "safe" or
 "acceptable" level of risk and account for the  costs and technological
 feasibility only when determining the margin of safety.
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 facility is no longer in operation  (the standards were developed to limit
 radiation doses caused by operations that yield a beneficial product).

       Subparts B and W do not establish radionuclide emission  standards, but
 rather establish work practices to  limit emissions of radon-222. For  example,
 Subpart B requires an owner or operator of an active underground uranium mine to
 install and maintain bulkheads  (air restraining barriers) to control  radon  from
 abandoned and temporarily abandoned areas of the mine. Subpart W requires phased
 or continuous disposal for all new  tailings impoundments at licensed  uranium mill
 sites during their operational period. Neither of these subparts would  apply to
 CERCLA responses. The subparts, however, may be relevant and appropriate if the
 CERCLA response occurs at an underground uranium mine or at a  uranium mill  site.

       Finally, Subpart K applies only to emissions of polonium-210 from calciners
 and nodulizing kilns at elemental phosphorus plants. Because such emissions are
 not likely to occur during a CERCLA response action, Subpart K is not likely to
 be applicable to CERCLA responses and probably would not even  be relevant and
 appropriate.

       2.1.3 New Source Performance  Standards (NSPS)

       Section 111 of the CAA requires EPA to promulgate standards for new sources
 of air emissions. The purpose is to ensure that new stationary sources  are
 designed, built, equipped, operated, and maintained to reduce  emissions to  a
 minimum. The CAA requires EPA to promulgate standards for categories  of
 stationary sources that emit particular pollutants that cause, or contribute
 significantly to, air pollution that may reasonably be anticipated to endanger
 public health or welfare.8 The emissions control technology on which the New
 Source Performance Standards  (NSPS) are based is the best demonstrated  technology
  (BDT). BDT is the degree of emission limitation achievable through application of
 the best technological systems of continuous emission reduction that  (taking into
 consideration the cost of achieving such emission reduction, any non-air-quality
 health and environmental impacts, and energy requirements) EPA determines by
 regulation has been adequately demonstrated.

       Since NSPS are source-specific requirements, they are not generally
 considered applicable to Superfund  cleanup actions. However, an NSPS  may be
 applicable if the facility at the Superfund site is a new source subject to NSPS
  (e.g., an incinerator), or an NSPS  may be considered relevant  and appropriate if
 the pollutant emitted and the technology employed during the cleanup  action are
 sufficiently similar to the pollutant and source category regulated by  an NSPS
 that  they are well-suited to the circumstances of the release  at the  CERCLA site.
 For example, there is an NSPS for particulate emissions from incinerators with a
 charging rate of 50 tons/day that are used for burning solid waste, more than 50
 percent of which is municipal type  waste  (40 CFR section 60.50). If a cleanup
 action will involve the use of an incinerator at a municipal landfill,  this NSPS
 should be evaluated to
        Many States have the authority to enforce both NSPS and NESHAPs.

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 determine if it is an ARAR  (see  Part  I,  Chapter  1  for  the methodology  for
 determining ARARs).

 2.2   AIR EMISSION REGULATIONS UNDER  RCRA

       Existing RCRA  regulations  covering hazardous waste air  emissions  are
 limited to controls  on incinerators and  requirements for controlling windblown
 fugitive particulate matter  from landfills, waste  piles, and  land  treatment
 facilities. However, a number of forthcoming  RCRA  regulations will address air
 emissions from hazardous waste treatment,  storage, and disposal  facilities
  (TSDFs) in a more comprehensive  manner.  Both  existing  and forthcoming  regulations
 are described below.

       2.2.1 Incinerators

       Existing RCRA  regulations  for hazardous waste incinerators  (40 CFR Part
 264, Subpart O) set  standards for destruction and  removal efficiency,  hydrogen
 chloride emissions,  and particulate emissions. Forthcoming  revisions will add
 limits on metals emissions and products  of incomplete  combustion,  and  will revise
 the standard for hydrogen chloride emissions. These revisions are  expected to be
 proposed late in 1989, with  promulgation expected  to occur  one year later.

       2.2.2 Land Disposal Facilities

       Existing RCRA  air regulations for  hazardous  waste piles, land treatment,
 and landfills are limited to the requirement  that  particulate matter from such
 facilities be controlled by  covers or other means  (40  CFR sections 264.251,
 264.273, and 264.301) .

       2.2.3 Other Treatment. Storage,  and  Disposal Facilities (TSDFs)

       Regulations governing  organic air  emissions  from treatment,  storage, and
 disposal facilities  (TSDFs)  other than incinerators and land  disposal  units  will
 be promulgated under 40 CFR  Part 269.  These regulations will  include air emission
 standards for process vents  and  equipment  leaks, which were proposed on February
 5, 1987  (52  (£R)3748), and air emission  standards  for  container  storage, tanks,
 surface impoundments, and waste  fixation units  (to be  proposed in  1989). The
 regulations are expected to  include requirements for the installation,  operation,
 and maintenance of control equipment,  including  leak detection and repair, as
 well as requirements related to  the installation of control equipment  for process
 vents on air strippers, which are likely to be frequently used in  Superfund
 operations.

    When promulgated, these requirements  will  be  potentially applicable  or
 relevant and appropriate requirements. The proposed standards are  not  potential
 ARARs, but may be considered in  developing a  protective remedy for a Superfund
 site.
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 2.3   STATE AIR TOXIC PROGRAMS

       A number of State air pollution control agencies have  adopted,  or  are  in
 the process of establishing, programs to  regulate what are generally  referred to
 as "toxic air pollutants." Requirements under these programs  are  likely  to be the
 most significant ARARs for Superfund activities. These programs differ from  State
 to State in terms of the pollutants and sources  regulated and the safe levels
 adopted.9 An RPM must coordinate with the appropriate State agency and with the
 Regional Air/Superfund Coordinator to identify these potential State  ARARs.

       Many States control toxic air pollutants through the imposition of
 technology-based standards and then determine whether residual emissions exceed
 State standards. Other States control toxic air  pollutants by comparing  emissions
 with acceptable ambient concentrations; that is, the concentration of the toxic
 pollutant is estimated, by modeling, at a receptor, usually  at the fenceline of
 the source, and compared with the "acceptable limit." The definition  of  an
 "acceptable limit" varies a good deal from State to State. Many States establish
 acceptable limits by applying a correction factor to occupational standards,
 i.e., threshold limit values  (TLV). These correction factors  vary from 1/10  to
 1/420.

       Other States regulate carcinogens using risk assessment principles. For
 example, a State law may require that the risk to the most exposed individual in
 any population exposed to a carcinogen  (for an assumed 70-year lifetime)  cannot
 exceed 1 x 10~5 excess  cancer  risk.

       A typical State air toxics program  will require a  source to do  the
 following:

       •  Identify pollutants of concern by comparing anticipated
          emissions with the State air toxics list;

       •  Estimate emissions of toxic air  pollutants using
          procedures approved by the State;

       •  Estimate off-site concentrations, normally by air quality
          modeling procedures approved by  EPA or  the State;
       9 Except where NESHAPs have been adopted, there are no Federal or CAA-
 related requirements on the State control of toxic  air pollutants.  EPA's  role  is
 currently to provide information, for example,  through the National Air Toxics
 Information Clearinghouse  (NATICH), the Air Toxics  Control Technology  Center  (the
 CTC Hotline number is  (919) 541-0800), and the  Air  Risk  Information Support
 Center  (the Air Risk Hotline number is  (919) 541-0888).  NATICH  is  a computerized
 data base that contains information from Federal, State, and local  agencies, as
 well as research information from EPA and other organizations.  The  information in
 NATICH is organized according to agency, pollutant,  and  emissions  source.  For
 more information, contact  the Pollutant Assessment  Branch, Research Triangle
 Park, North Carolina,  at  (919)  541-0850.
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        •  Compare off-site concentrations to permissible State
          levels; and

        •  Require additional controls  (beyond what would otherwise
          be required) if a new source is likely to exceed the
          State limits.

 2.4    COORDINATION BETWEEN CERCLA AND AIR PROGRAM OFFICES FOR REMEDIAL ACTIVITIES
        CONDUCTED ON SITE

        Remedial Project Managers are responsible for identifying and complying
 with ARARs when proposed remedial actions could result in air emissions. In order
 to do  so correctly and in a timely manner, each EPA Region should establish
 procedures, protocols, or memoranda of understanding that, while not recreating
 the administrative and procedural aspects of a permit, ensure early and
 continuous cooperation and coordination between the Regional Superfund and Air
 Program offices. An Air/Superfund coordinator from the Air Program office has
 been designated in each Region to facilitate cooperation and coordination between
 the Superfund and Air Program offices. Moreover, State Superfund and State Air
 Program offices may be involved where there is a State-lead action or where the
 State  has been delegated new source air permitting authority. Coordination among
 all appropriate program offices should be established to ensure early involvement
 and identification of information requirements for expeditious remediation of
 particular sites. The Regional Superfund and Air Program offices should maintain
 their  involvement in all actions.

        It is expected that most remedial air field studies and engineering
 assessments will be performed by Superfund contractors under the direction of the
 RPM in coordination with the appropriate Regional and State Air Programs. The Air
 Program offices' experience in applying standards of control under the CAA to
 industrial new sources is a valuable resource for Superfund. Air Program offices
 can help ensure that Superfund site decisions involving air pollution issues are
 consistent with Air Program ARARs. The Air Program offices can also review and
 comment on Superfund work plans, site investigations, and cleanup studies, and
 can also be called upon to perform special site field evaluations during removal
 and pre-remedial actions. Air Program offices may also play a critical role in
 the selection of methodologies and assumptions for risk assessment. In some
 special circumstances, Air Program staff may provide assistance to Superfund
 contractors by consulting in areas such as air modeling, monitoring, and the use
 and effectiveness of air pollution control devices. Superfund staff should
 consult with their Air Program counterparts early in the planning process to
 facilitate this cooperative effort.

        Another source of information regarding control technologies is the Control
 Technology Center in Research Triangle Park, North Carolina  (Hotline numbers:
  (919)  541-0800 and  (FTS) 629-0800). The Control Technology Center can provide
 information regarding types of technologies  (e.g., BACT and LAER) that have been
 used previously to control various kinds of emissions.
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                                     CHAPTER  3

                        STANDARDS FOR TOXICS  AND PESTICIDES

 3.0   TOXIC SUBSTANCES CONTROL ACT

       This chapter addresses CERCLA compliance with  requirements  under  the  Toxic
 Substances Control Act  (TSCA). TSCA authorizes EPA to  establish regulations
 pertaining to the testing of chemical  substances  and mixtures, premanufacture
 notification for new chemical substances  or  significant  new  uses  of  existing
 substances, control of chemical substances or mixtures that  pose  an  imminent
 hazard, and record keeping and reporting  requirements. Of these,  the regulations
 controlling hazardous chemicals are potential ARARs  for  CERCLA actions.  Pursuant
 to TSCA §6, EPA has published regulations pertaining to  polychlorinated biphenyls
  (PCBs), fully halogenated chlorofluoroalkanes  (prohibited for aerosol propellant
 uses subject to TSCA), and asbestos  (40 CFR  Parts 761, 762,  and 763,
 respectively). Requirements for PCBs will be discussed in this chapter.  Asbestos
 removal requirements are addressed in  Part II, Chapter 2, Section 2.1.2.1
  (asbestos NESHAPs).

       Background Information on Rulemaking Under  TSCA

       Section 6 of TSCA requires EPA to promulgate regulations when  there is a
 reasonable basis to conclude that a chemical substance or mixture (chemical)
 presents or will present an unreasonable  risk of  injury  to human  health or  the
 environment. A demonstration that a chemical will present an unreasonable risk  is
 made on the basis of a qualitative or  quantitative risk  assessment,  which
 evaluates the likelihood that the chemical will cause  adverse effects either to
 human health or the environment.

       Chemicals reviewed under TSCA §6 include chemicals that are listed on the
 TSCA §8(b) inventory and chemicals for which data has been submitted to EPA under
 TSCA §8(e), under a mandatory reporting rule, or  from  the National Toxicology
 Program, the TSCA §5 New Chemicals Program,  the TSCA §4  Test Rules Program, or
 other sources. From the thousands of chemicals reviewed  each year, candidates are
 selected for further review based on their potential to  cause serious,
 long-lasting, or irreversible harm to  human  health or  the environment,  e.g.,
 chemicals that are carcinogenic, mutagenic,  or teratogenic,  or that  cause chronic
 toxicity, behavioral disorders, cumulative or synergistic effects, or
 environmental toxicity.

       The risk assessment developed for a chemical that  undergoes detailed  review
 is used to determine whether EPA should regulate  activities  involving the use of
 the chemical or whether the chemical should  be referred  to another agency  (e.g.,
 OSHA, CPSC) for regulation. With respect  to  Superfund  cleanup actions,  the  risk
 numbers generated under TSCA will be included within the "to be considered"
 category and may be used when developing  a protective  remedy (see Part  I, Chapter
 1, Section 1.4). The Office of Toxic Substances periodically updates the list of
 risk assessments.
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       3.0.1 PCB Requirements1

       3.0.1.1 TSCA Disposal Requirements

       TSCA requirements will be applicable when  disposal  of material  contaminated
 with PCBs at concentrations of 50 ppm  or  greater occurs after  February  17,
 1978.2'3 TSCA requirements for disposal of PCB-contaminated wastes vary  according
 to the physical state  (liquid, non-liquid, or  articles and concentration  of  PCBs
  (40 CFR section 761.60).4 The following TSCA requirements, listed by waste type
 and concentration of PCBs, may be ARARs for treatment and disposal  of waste
 contaminated with PCBs:

       Liquid Waste

       •  PCBs at concentrations of  500 ppm or  greater must be
          disposed of in a TSCA-approved incinerator  (40 CFR
          section 761.60(a)), or by  a TSCA-approved alternative
          disposal method  (section 761.60(e)).

       •  Any PCB dielectric fluid,  regardless  of its
          concentration, mixed with  any fluid containing 500 parts
          per million  (ppm) or greater  PCBs must  be disposed of in
          a TSCA-approved incinerator  (40  CFR section
          761.30(a)(2)(iv)), or by a TSCA  approved alternative
          disposal method  (section 761.60(e)).

       •  Mineral oil dielectric fluid  from PCB-contaminated
          electrical equipment or other liquids containing PCBs at
          a concentration of 50 ppm  or  greater, but less than 500
          ppm must be disposed of in either a TSCA-approved
       1 Further information on the Superfund approach to cleanup of sites
 contaminated with PCBs is being documented  in  the  draft  Guidance and
 Regulatory Background on the Determination  of  Response Actions  at  Superfund
 Sites with PCB Contamination, which will be available as an  OSWER  Directive
 when finalized.
        For CERCLA Fund-lead actions, PCB-contaminated material is evaluated
 based on the concentration at which  the  PCBs  occur  in the  environment.  If,
 under an enforcement action, it is determined that  the material  was  spilled  by
 an RP after the effective date of the TSCA  regulations,  the material  is
 evaluated under TSCA as if the PCBs  were  in the  form and at the  concentration
 of the material that was spilled.

       3 TSCA requirements may be relevant and appropriate regardless of the
 date of disposal.

       4
        "Disposal" under TSCA is used broadly  and includes  destruction and
 landfilling actions.
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          incinerator, a TSCA-approved  chemical  waste  landfill  (if
          not ignitable),  or  a high  efficiency boiler  (40  CFR
          section  761.60(a)(2) and  (3)),  or  by a TSCA-approved
          alternative  disposal method  (section 761.60(e)).
 Non-Liquid Waste
          Any non-liquid  PCBs  at  concentrations  of  50  ppm or
          greater in the  form  of  contaminated  soil,  rags,  or  other
          debris shall be disposed  of  in  a  TSCA-approved
          incinerator or  in  a  TSCA-approved chemical waste landfill
           (40 CFR section 761.60(a)(4)),  or by a TSCA-approved
          alternative disposal method  (section 761.60 (e)).

          All dredged materials and municipal  sewage treatment
          sludges that contain PCBs at concentrations  of  50 ppm or
          greater shall be   disposed of in  a TSCA-approved
          incinerator or  a   TSCA-approved chemical  waste  landfill,
          or by a method  approved by the  appropriate Regional
          Administrator if it  can be shown  that  disposal  in an
          incinerator or  chemical waste landfill is not reasonable
          or appropriate  and that an alternate disposal method will
          provide adequate protection  to  human health  and the
          environment  (40 CFR  section  761.60(a) (5) ) .
 Articles
          PCB Transformers  (500 ppm  PCBs  or  greater)  may  be
          disposed of in  a  TSCA-approved  incinerator  or drained,
          flushed with a  solvent,  drained again,  and  placed  in  a
          TSCA-approved chemical waste  landfill  (40 CFR section
          761.60 (b) (1) (i)),  or by  a  TSCA-approved alternative
          disposal manner (section 761.60 (e)). The drained liquids
          must be incinerated in an  incinerator  that  complies with
          section 761.70.

          Other PCB Articles  (500  ppm PCBs or  greater) including
          electric motors,  pumps,  and pipes, may be disposed of in
          a TSCA-approved incinerator or  drained and  placed  in  a
          TSCA-approved chemical waste  landfill  (40 CFR section
          761.60(b)(5)(i)),  or by  a  TSCA-approved alternative
          disposal manner (section 761.60(e)). The drained liquids
          must be incinerated in an  incinerator  that  complies with
          section 761.70.
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          Other  PCB-Contaminated Articles  (between 50  and 500  ppm
          PCBs)  must be  disposed of  by  draining  free-flowing liquid
          and disposing  of  liquid  in accordance  with 40  CFR
          sections  761.60(a)(2) or (3)  (see  methods for  disposal of
          liquids described above).  The disposal of the  drained
          article is not regulated (40  CFR section
          761.60(b) (5) (ii) ) .

          PCB-Contaminated  Electrical Equipment  (except  capacitors)
          including transformers,  circuit breakers,  reclosers,
          voltage regulators,  switches,  electromagnets,  and cables
           (50-499 ppm  PCBs)  must be  drained.  The disposal of
          drained equipment is  not regulated (40 CFR section
          761.60(b)(4)).

          PCB Small Capacitors  (often found  in  fluorescent light
          ballasts) may  be  disposed  of  as municipal solid waste (40
          CFR section  761.60(b) (2) (ii)), except  that those owned by
          a capacitor  manufacturer must be sent  either to a TSCA
          approved  incinerator  or  a  TSCA-approved chemical waste
          landfill  (40 CFR  section 761.60(b)(2)(iv)  and  (v)).

          Large  High or  Low Voltage  Capacitors  (500 ppm  PCBs or
          greater)  must  be  disposed  of  in an approved  incinerator
           (40 CFR section  761.60 (b) (2) (iii) (B)  and (v) ),  or by a
          TSCA approved  alternative  disposal manner (section
          761.60 (e) ) .

          PCB hydraulic  machines,  such  as hydraulic die  casting
          machines  (50-999  ppm  PCBs)  may be  disposed of  as
          municipal solid waste after they are  drained.  If the PCB
          liquid contains  1000  ppm PCBs or greater,  the  hydraulic
          machine must be  flushed  with  a solvent containing less
          than 50 ppm  PCBs  (40  CFR section 761.60(b)(3)).  The
          solvent must be disposed of in an  incinerator  that
          complies  with  section 761.70.

          PCB Containers with  concentrations of  500 ppm  PCBs or
          greater,  unless decontaminated by  flushing three times
          with a solvent of less than 50 ppm PCBs,  must  be disposed
          of in  TSCA-approved  incinerator or,  if first drained,  in
          a TSCA-approved chemical waste landfill (40  CFR section
          761.60(c)),  or by a TSCA-approved  alternative  disposal
          manner (section  761.60 (e)). The drained
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          liquid must be disposed of in an incinerator  that
          complies with section  761.70.

        •  PCB Containers with concentrations of  less  than  500 ppm
          PCBs must be thoroughly drained and the drained  liquid
          must be disposed of in accordance with 40 CM  sections
          761.60(a)(2) or  (3).

        The regulations further specify requirements that the incinerator  (40
 CFR section 761.70), chemical waste landfill  (40 CFR section 761.75),  or  other
 disposal method  (40 CFR section 761.60(a)(5)(iii)) must achieve for  each  of
 the PCB types described above.  In addition, the regulation states  that
 machinery that comes in direct  contact with PCBs is  considered contaminated
 and must be disposed of by  an approved method  (40 CFR  section 761.60(b)).

        Under section 761.60(e),  an alternative method of destroying PCBs may be
 used if it demonstrates a level of performance  equivalent to incineration and
 the alternative method has  been approved by the Regional  Administrator or the
 Director of the Exposure Evaluation Division, Office of Toxic Substances.

        Although the on-site  disposal of PCBs from a Superfund site  does not
 require a TSCA permit, substantive requirements of all applicable  or  relevant
 and appropriate Federal and State  (if more stringent than Federal) standards,
 regulations, criteria, or limitations for PCB disposal must be met.  That  is,
 the destruction and removal efficiency of PCBs  by on-site incineration must be
 99.9999 percent and the ash must contain less than 2 ppm  PCBs. HCL emissions
 must be limited to 4 pounds per hour, or, if greater than 4 pounds per hour,
 the emissions must not be greater than 1 percent of  the HCL entering  the
 pollution control device. For alternative methods of disposal pursuant to 40
 CFR section 761.60(e), if chemical destruction  or separation of the  PCBs  from
 the soil is carried out, the destruction/separation  of the PCBs must  result in
 soil containing less than 2 ppm PCBs to ensure  equivalence to a PCB
 incinerator. All chemical destruction or separation  must  occur on  site and
 achieve the less-than-2 ppm level. If the material containing the  PCBs is
 shipped off site for disposal,  it must be sent  to a  TSCA-permitted PCB
 disposal facility.

        3.0.1.2  Storage for  Disposal

        The substantive portions  of the PCB storage requirements may be ARARs
 for on-site storage of PCBs prior to disposal.  The regulations  (40 CFR section
 761.65) specify that PCBs and PCB Items  (e.g.,  equipment) at concentrations of
 50 ppm or greater must be disposed of within one year  after being  placed  in
 storage for disposal. The regulations also include structural requirements for
 facilities used for the storage of PCBs and PCB Items, requirements  for the
 containers used to store PCBs,  the requirement  to prepare and implement a
 Spill  Prevention Control and Countermeasure  (SPCC) Plan,  and the requirement
 to check all PCB articles and containers for leaks at  least once every 30
 days,  and other requirements. The requirement to prepare  an SPCC Plan is  an
 administrative requirement  and, therefore, not  an ARAR; substantive
 requirements of the SPCC regulations which may  be ARARs are, for example,
 building retaining walls to contain spills.
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       3.0.1.3  PCB Spill Cleanup Policy

       Under 40 CFR section  761.60(d), EPA defines  improper  disposal  of  PCBs  as
 intentional  (as well as unintentional) spills,  leaks,  and other  uncontrolled
 discharges of PCBs at concentrations  of  50 ppm  or  greater.  PCB spills include
 spills, leaks, or other uncontrolled  discharges where  the release  results  in
 any quantity of PCBs running off or about to  run off the surface of  the
 equipment or other PCB source,  as well as the contamination resulting from
 these releases. With the exception of the requirement  for timely cleanup,
 regulatory requirements for the cleanup  of PCB  spills  have  never been
 established.

       However, EPA recently published a  nationwide TSCA PCB spill  cleanup
 policy  (52 FR 10688, April  2,  1987; 40 CFR Part 61, Subpart G).  The
 requirements under 40 CFR Part  61, Subpart G, while not potential  ARARs, are
 TBCs for CERCLA actions, particularly with respect to  cleanup of soils
 contaminated with PCBs. The policy establishes  guidelines for spill  cleanups
 that, if followed, will minimize the  need for the  Agency to take enforcement
 action  for illegal disposal. This policy applies to the cleanup  of spills
 occurring after May 4, 1987 (the effective date of the policy) resulting from
 the release of materials containing PCBs at concentrations  of 50 ppm or
 greater. Spills that occurred before  May 4, 1987,  are  to be decontaminated in
 accordance with the existing Regional standards.5 The policy is based on EPA's
 evaluation of the potential routes of exposure  and potential risks associated
 with common PCB spills.

       The policy requires the party responsible for the spill to clean  up  PCBs
 to different levels depending upon spill location, the potential for exposure
 to residual PCBs remaining  after cleanup, the concentration of PCBs  initially
 spilled, and the nature and size of the  population potentially at  risk  of
 exposure. Thus, the policy  applies the most stringent  requirements for  PCB
 spill cleanup to areas where there is a  greater potential for human  exposure
 to spilled PCBs.

       The cleanup standards described in the policy cover the following spill
 situations:6

       •  Low concentration  spills that involve  less than 1  pound
          PCBs by weight  (40 CFR section  761.125(b).
          "Low-concentration" means PCB materials that  are tested
          and found to contain less than  500 ppm PCBs or those
          PCB-contaminated materials that
         Policies  for  the  cleanup  of  PCB  spills  have  been  established by each
 EPA Regional Office, and provide general  guidelines  to be  applied  on a
 case-by-case basis for specific  spill situations.
        Additional requirements  for cleanup  of  indoor  surfaces may be  TBCs  for
 CFRCLA actions involving indoor  PCB contamination  (40  CFR  section 761.125).
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          EPA assumes to be at concentrations below  500 ppm. The
          policy States that:

          — Solid surfaces should be double washed/rinsed; and

          — All soil within the spill area, plus a  1-foot buffer,
             should be excavated, and the ground restored to its
             original configuration by backfilling with clean  soil
              (i.e., soil containing less than 1 ppm  PCBs).

          High-concentration spills and low-concentration spills
          involving 1 pound or more PCBs by weight.
          "High-concentration" means PCB materials that contain 500
          ppm or greater PCBs, or those materials that EPA assumes
          contain 500 ppm or greater PCBs in the absence of
          testing. The policy describes actions that  should be
          taken immediately  (within 24 hours) including restricting
          the area, recording and documenting the area of visible
          contamination, and initiating cleanup and  removal of all
          visible traces of contamination. The policy then
          describes cleanup standards depending upon  the location
          of the spill:

          -- Outdoor electrical substations. Contaminated solid
             surfaces will be cleaned to a PCB concentration of 100
             micrograms/100 square centimeters. Soil  contaminated
             by the spill will be cleaned either to  25 or 50 ppm
             PCBs by weight provided that a label or  notice is
             visibly placed in the area.

          -- Other restricted access areas. These are areas other
             than electrical substations that are at  least 0.1
             kilometer away from residential/commercial areas, and
             to which access is limited by man-made  barriers  (e.g.,
             fences and walls) or substantially limited by
             naturally occurring barriers such as mountains,
             cliffs, or rough terrain. The policy describes cleanup
             standards for surfaces contaminated with PCBs and
             further states that soil contaminated by the spill
             will be cleaned to 25 ppm. PCBs by weight.

          -- Nonrestricted access areas. These are areas other than
             outdoor electrical substations and other restricted
             access locations, i.e., residential/ commercial areas
             and unrestricted access rural areas.
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             The policy sets  forth  standards  for  cleanup  of  surfaces  and vault
             areas. Also, the policy  states that  soil  contaminated by the  spill
             will be decontaminated to  10 ppm PCBs by  weight provided that the
             soil is excavated to a minimum depth of 10 inches,  a 10-inch  cap
             of clean soil  (less than 1 ppm PCBs) is put  on, and the  site  is
             restored.

          Spills at sites warranting  additional cleanup.  The policy states that
          in exceptional spill situations, site-specific  risk  factors may
          warrant additional  cleanup  to more  stringent numerical
          decontamination levels. For example, even after cleanup to  the
          standards specified in the  policy,  site-specific characteristics such
          as short depth to ground  water, type of soil, or the presence of a
          shallow well may pose an  exceptionally  high  potential  for
          ground-water contamination  by PCBs.  Therefore,  the policy provides
          that the Regional Administrator may require  additional cleanup to
          prevent unreasonable risk.  The RPM  should similarly  consider whether
          additional cleanup  (beyond  the policy's numerical  standards) is
          necessary in order  for the  Superfund action  to  be  protective of  human
          health and the environment.

          Spill situation excluded  under the  policy. The  policy  is intended to
          cover typical PCB spill situations  involving the limited release of
          PCBs during the course of EPA-authorized activities  such as the  use
          of electrical equipment,  the  servicing  of electrical equipment,  and
          the storage of PCBs for disposal. Other spill situations are not
          considered "typical." Therefore, the policy  provides that the
          numerical cleanup standards described above  are not  to be applied
          automatically to non-typical  spills directly into:

          -- Surface water;

          -- Drinking water;

          -- Sewers;

          -- Grazing lands; and

          -- Vegetable gardens.
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                  For such PCB spills,  immediate practicable
                  containment action must be taken to prevent
                  further contamination,  the appropriate Regional
                  Office must be notified,  and cleanup must achieve
                  the standards set by the Regional Office. The
                  standards are set on a case-by-case basis.

       3.0.1.4    RCRA Land Disposal Restrictions

       Liquid hazardous wastes  containing  PCBs  at  concentrations  greater  than
 or equal to 50 ppm  are addressed  by RCRA  under the  California  List Wastes  land
 disposal restrictions, promulgated July 8,  1987.

       Under 40 CFR  section  268.42(a) (1),  liquid hazardous  wastes containing
 PCBs at concentrations greater than or equal to 50  ppm but less  than  500 ppm
 must be incinerated in a  facility meeting the  requirements of  40 CFR  section
 761.70 or burned in a high  efficiency boiler meeting  the  requirements  of 40
 CFR section 761.60.

       40 CFR section 268.42(a)(1) also specifies  that liquid hazardous wastes
 containing PCBs at  concentrations greater than or equal to 500 ppm must  be
 incinerated in accordance with the technical requirements  of 40  CFR section
 761.70.

       PCBs also are halogenated organic compounds (HOCs)  and may be regulated,
 in either liquid or solid form, under the HOC  California  List  Wastes  land
 disposal restrictions.7 If HOC wastes are mixed with  a RCRA-listed or
 characteristic waste and  the  total concentration  of HOCs  is equal to  or
 greater than 1,000  mg/kg, 40  CFR  section  269.42(a)(2)  requires that the  wastes
 be incinerated in accordance  with the requirements  of Part 264,  Subpart  O, or
 Part 265, Subpart O, or treated in boilers  or  industrial  furnaces in
 accordance with applicable  regulatory standards.8

       Thermal treatment under  40  CFR section 761.70,  if performed on  site,
 must also be in compliance  with substantive portions  of applicable or  relevant
 and appropriate requirements  in Parts 264,  265, and 266.  Subpart O of  40 CFR
 Part 264 specifies  requirements for the incineration  of hazardous wastes at
 permitted hazardous waste facilities, including requirements relating  to waste
 analysis, performance standards,  operation, and monitoring.

       Subpart O of  40 CFR Part 265 specifies similar  requirements for  the
 incineration of hazardous wastes  at interim status  facilities. In addition,
 Subpart P establishes requirements for other methods  of thermal  treatment,
 including those requirements  relating to  general  operations, waste analysis,
 monitoring, closure, and  open  burning.
  7The HOC constituents are listed in Appendix III to 40 CFR Part 268.

  8Except for diluted HOC wastewaters containing between 1,000 and 10,000 mg/1,
 which must  only be  treated to a  concentration  of less  than 1,000 mg/1  before
 land disposal.

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       Subpart D of 40 CFR Part 266 specifies requirements  for the incineration
 of hazardous wastes  for energy recovery, including standards applicable to
 burners of hazardous waste  fuel.

       Alternative treatment methods  (40 CFR section 268.42(b)) may be used if
 the treatment method can be shown to achieve a measure of  performance
 equivalent to methods specified in paragraph  (a).

       This rule specifies stricter standards for a subset  of the PCB wastes
 covered by TSCA -- liquid wastes containing PCBs at concentrations between 50
 and 500 ppm that also contain RCRA listed or characteristic wastes. Where TSCA
 would allow disposal of these wastes in a landfill meeting specifications of
 40 CFR section 761.75, RCRA requires thermal treatment in  an incinerator or
 high efficiency boiler or an equivalent alternate treatment.
 3.1   FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT

       The Federal Insecticide, Fungicide, and Rodenticide Act  (FIFRA)
 authorizes EPA to regulate the sale, distribution, and use of  all pesticide
 products in the United States. EPA accomplishes this through a product
 licensing or registration process that includes reregistration of products and
 Special Review of pesticides that appear to pose health or safety concerns. A
 vital part of the pesticide registration process is EPA approval of product
 labeling. Under FIFRA, the label is the law -- use of a registered pesticide
 product in a manner inconsistent with its labeling  (including  disposal) is a
 violation of the Act.

       To ensure proper use of pesticides that are especially toxic or pose
 particular health or environmental hazards, EPA restricts the  use of such
 products to trained, certified pesticide applicators. Products found to pose
 risks that outweigh their benefits may be suspended or cancelled by EPA. All
 FIFRA provisions are enforced by a compliance monitoring program that is
 carried out by States, often under cooperative agreements with EPA.

       Under FIFRA §19, EPA has the authority to issue procedures and
 regulations for the disposal and storage of excess pesticides  and pesticide
 containers. EPA has published procedures for disposal and storage in 40 CFR
 Part 165, Subpart C. These procedures are recommended for all  pesticide
 storage and disposal activities, but are mandatory for any storage or disposal
 activities undertaken by the Agency. However, in 1988, FIFRA was substantially
 amended to expand its authority over storage and disposal of pesticides and
 pesticide containers. In particular, the 1988 amendments explicitly provide
 for the enforceability of regulations issued under FIFRA §19.  Consistent with
 this mandate, revised regulations for the storage and disposal of pesticide
 products and containers are currently under development. Since the current
 Subpart C contains nonbinding recommendations, at this time these procedures
 are not potential ARARs for Superfund cleanup actions but should be considered
 when developing a protective remedy.
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       Labels are required  for all registered pesticide products and generally
 include storage and disposal statements. These statements are tailored to
 reflect the toxicity of the product and type of use pattern and user involved
  (for example, the household user as opposed to the commercial or industrial
 user). It is unlawful  for  the user to dispose of a pesticide product or its
 container in a manner  inconsistent with its label instructions. Similarly, it
 is unlawful to violate a cancellation or suspension order, which may contain
 specific storage or disposal provisions. At a Superfund site, however, the
 disposal labeling on a pesticide may provide useful information but compliance
 with the labeling directions may not be an applicable requirement since at
 that point in time the pesticide may not be considered a pesticide product; it
 may be considered a RCRA waste  (see Section 3.1.1.3).

       In addition to the labeling requirements for the use, storage, and
 disposal of all registered pesticide products, EPA has promulgated tolerance
 levels for pesticides  and  pesticide residues in or on raw agricultural
 commodities under authority of  the Federal Food, Drug, and Cosmetic Act  (see
 40 CFR Part 180. These tolerance levels are potential ARARs for sites at which
 agricultural commodities and wildlife are obtained for consumption.

       3.1.1  FIFRA Requirements

              The following procedures and manuals are not potential ARARs, but
 may be considered in developing a protective remedy.

       3.1.1.1    Procedures Not Recommended for Disposal  (40  CFR section
                  165.7)

       The current FIFRA regulations recommend that pesticides, pesticide
 containers, or pesticide container residue should not be stored or disposed
 of:

              !    In  a  manner inconsistent  with its  label  or labeling;

              !    So  as to  cause or allow open dumping  of  pesticides  or
                  pesticide containers;

              !    So  as to  cause or allow open burning  of  pesticides  or
                  pesticide containers,  except small  quantities of certain
                  containers in areas  where allowed  by  State and local
                  regulations;

              !    So  as to  cause or allow water dumping or ocean dumping of
                  pesticides or pesticide containers  except in conformance with
                  regulations developed under the National Marine Protection,
                  Research  and Sanctuaries  Act and the  Clean Water Act  (see
                  Part  I,  Chapter 3);

              !    So  as to  violate  any applicable Federal  or State pollution
                  control  standard;  and
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           !  So as to violate any applicable provision  of  FIFRA.

    3.1.1.2  Procedures Recommended for the Disposal of Pesticides  (40  CFR
             section 165.8)

    FIFRA  regulations recommend the following procedures for  the  disposal  of
 certain groups of pesticides:

           !  Organic pesticides  (except organic mercury, lead,
             cadmium, and  arsenic). The preferred method of
             disposal is incineration in  a pesticide incinerator  at
             the specified or other temperature/dwell time
             combination that will cause  complete destruction of
             the pesticide. Any liquid, sludges, or solid  residues
             should be disposed of in accordance with applicable
             Federal, State, and local laws. If appropriate
             incineration  facilities are  not available, other
             methods to be considered include burial in a  specially
             designated landfill, chemical methods, or  well
             injection.9 The regulations caution that the  impact of
             these alternatives is not well known in all cases  and
             that they should be used only with specific guidance.
             If adequate procedures are not available,  temporary
             storage of pesticides for disposal should  be
             undertaken.

           !  Metallo-organic pesticides  (except organic mercury,
             lead, cadmium, or arsenic compounds). The  regulations
             recommend subjecting these compounds to an appropriate
             chemical or physical treatment to recover  the heavy
             metals before incineration.  Other disposal
             alternatives, if treatment and incineration are  not
             available, are burial in a landfill, chemical
             degradation,  or well injection. These alternatives are
             subject to the same cautions described above  for the
             disposal alternatives for organic pesticides.

           !  Organic mercury, lead, cadmium, arsenic, and  all
             inorganic pesticides. The regulations recommend  that
             chemical deactivation be used to convert these
             pesticides to non-hazardous  compounds and  to  recover
             the heavy metal resources. Chemical
  9 The environmental impact of the soil injection method  (i.e., burial in a
 specifically designated landfill) has not been  clearly defined and  should  be
 undertaken only with specific guidance.  It  is recommended  that such guidance
 be requested from  the Regional Administrator in the Region where  the material
 will be disposed of prior to undertaking disposal by  this  method.

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                deactivation is not  currently  available  for  all
                pesticides. If chemical deactivation  is  not
                available, these pesticides  should be encapsulated
                and buried in a specially  designated  landfill.10  If
                neither option is  available, the pesticides  should
                be placed in suitable  containers and  temporarily
                stored until adequate  disposal  facilities  or
                procedures are available.

       40 CFR Part 165, Subpart G  also provides recommended  procedures  for  the
 disposal of pesticide containers  and  residues  (40 CFR section 165.9) and the
 storage of pesticides and pesticide containers  (40 CFR  section  165.10).
 Consistent with the  1988 amendments of FIFRA,  revised regulations  covering
 these materials are  currently under development.

       3.1.1.3  Pesticide Control  Under Other  Statutes

          Requirements under the Clean Water Act  (CWA) and RCRA  are potential
 ARARs for the disposal of pesticides. Because  some pesticides are  regulated as
 toxic pollutants under the CWA, effluent  limitations or prohibitions regarding
 the discharge of pesticides to surface waters  are potential ARARs  (see Part I,
 Chapter 3). Further, some discarded or off-specification  pesticides are listed
 as a hazardous waste and some may potentially  be hazardous  by characteristic
  (40 CFR section 261.24), and therefore subject to regulation under Subtitle C
 of RCRA,  (40 CFR sections 261.33(e) and  (f))  (see Part  I, Chapter  2).

          3.1.1.4     Other Manuals

          The following technical  manuals  may provide useful information
 regarding pesticides, e.g., toxicity, solubility:

                 !     The Degradation  of Selected Pesticides in
                      Soil: A Review of the  Published Literature,
                      Municipal Environmental Research Laboratory
                       (August 1977), EPA-600/9-77-022.

                 !     Farm Chemicals Handbook  (updated yearly).

                 !     Crop Protection  Chemicals, Ed.  by  L. Fowden,
                      Royal Society  of London  (1981) .
         "Encapsulate" means to seal a pesticide, and its container, if
 appropriate, in an impervious  container made  of plastic,  glass,  or other
 suitable material which will not be  chemically  degraded by  the  contents.  This
 container then should be  sealed within a  durable  container  made from  steel,
 plastic, concrete, or other suitable material of  sufficient thickness and
 strength to resist physical damage during and subsequent  to burial or storage
  (40 CFR Part 165, Subpart A).

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                                    CHAPTER 4
                       OTHER RESOURCE PROTECTION  STATUTES
 4.0   OVERVIEW

       The laws addressed in the  following  sections  contain  consultation,
 documentation, and reporting  requirements  that must be  complied with  for  off
 site remedial actions,1 and that are strongly recommended to ensure that on-
 site remedial activities comply  with the substantive ARARs. While  EPA
 interprets CERCLA §121(e) to  exempt lead agencies from  obtaining Federal,
 State, or local permits  (or documents  similar to permits) or  from  complying
 with the administrative requirements for on-site remedial activities,  it  is
 strongly recommended that lead agencies, nevertheless,  consult as  specified
 with administering agencies for  on-site actions. The administering agencies
 have the expertise to determine  the impacts  of a remedial action on particular
 aspects of the environment and what steps  should be taken to  avoid and
 mitigate adverse impacts.

       The National Environmental Policy Act  (NEPA)  Compliance staffs  at
 Headquarters in the Office of Federal  Activities  (OFA)  and  in the  Regions  (a
 list of Regional NEPA coordinators is  available from OFA) can assist  project
 officers in meeting the substantive requirements of these laws and in carrying
 out consultation through contacts in other agencies. RPMs are advised to
 contact the NEPA Compliance staff early in the planning process of a  remedial
 action. In addition to such site-specific  coordination, Regions should
 establish procedures, protocols, or memoranda of understanding that,  while not
 recreating the administrative aspects  of the consultation or  review process,
 ensure cooperation and coordination between  the Regional Superfund and NEPA
 staffs, and between the Regional staff and the appropriate  Federal agencies.
 Moreover, State Superfund and other State  program staff should be  involved
 where there is a State-lead action or  where  State ARARs are under
 consideration. Coordination among all  appropriate offices should be
 established.

       The laws described in this section apply to activities  conducted by
 Federal agencies or with Federal assistance. EPA interprets the CERCLA §121
 requirement to meet ARARs as  applicable to all remedial activities undertaken
 pursuant to CERCLA §§104, 106, and 122. Therefore,  the  ARARs  described in this
 chapter must be complied with by the lead  agency  (EPA,  State, or other
                §121(d)(3)  states  that  off-site  transfer  of  CERCLA wastes  shall
 only be transferred to  facilities that are  in  compliance with  applicable
 Federal law. RCRA requires permitted  hazardous waste  facilities  to  comply with
 the Endangered Species  Act and the National Historic  Preservation Act, as well
 as other environmental  statutes. Therefore, treatment or disposal of  CERCLA
 wastes at a RCRA permitted facility does not require  separate  compliance
 efforts because the RCRA  permit  process will have  ensured  the  facility's
 compliance with these laws.

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 Federal agency), including CERCLA actions conducted by responsible parties
 under the direction of a lead agency.2

 4.1   NATIONAL HISTORIC PRESERVATION ACT

       Pursuant to §106 and §110(f) of the National Historic Preservation Act
  (NHPA),3 as amended,  CERCLA remedial  actions are required to take into account
 the effects of remedial activities on any historic properties included on or
 eligible for inclusion on the National Register of Historic Places.4  For
 purposes of this chapter, historic properties are referred to as cultural
 resources. The National Register is a listing of districts, sites, buildings,
 structures, and objects that are significant in American history,
 architecture, archeology, engineering, and culture.

       The first step toward substantive compliance with the NHPA is to
 identify cultural resources included on (or eligible for inclusion on, based
 on criteria described in Section 4.1.1) the National Register that are located
 in or near the area under study in the RI.  Cultural resource surveys are
 usually carried out to help in the identification of previously undocumented
 resources. The second step is to identify the possible effects of proposed
 remedial activities on such resources. If the activity will have an effect on
 such resources, the lead agency must examine whether feasible alternatives
 exist that would avoid such effects.  If an effect cannot reasonably be
 avoided, measures shall be taken to minimize or mitigate the potential
 effects .

       If, at any point, the conclusion is reached that cultural resources are
 not present or will not be affected,  no further investigation is necessary
 (see Exhibit  4-1).
       2 The phrase, "lead agency," is used throughout this chapter to identify
 the  'actor' taking steps to ensure compliance with requirements described
 here. At any given site or step in the process, the  'actor' may be EPA, the
 State, a Federal agency remediating a site at a Federal facility, or a
 responsible party. However, EPA retains sole responsibility for some
 activities and is ultimately responsible for ensuring compliance, whether as
 the  lead agency or in an oversight or concurrence role.
       3 16 USC §§470  et.  seq. ,  and its  implementing regulation
  '36 CFR  Part  800).
       4 The Historic Sites Act of 1935, Executive Order 11593, the
 Presidential Memorandum "Environmental Quality and Water Resources
 Management," and 36 CFR Part 800 "Protection of Historic and Cultural
 Properties" are not discussed separately here, but are relevant to the
 historic preservation process. Other statutes contain requirements regarding
 archeological resources, e.g., the Archaeological and Historic Preservation
 Act of 1974 and the Archaeological Resources Protection Act of 1979. The State
 Historic Preservation Officer (see footnote 5) can be consulted to assist in
 determining whether these requirements apply.
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                                 Exhibit  4-1
            Cultural Resources Review Under NHPA and
                   Remedy Selection Under CERCLA
CERCLA/SARA
Project Phase
     1RL1
     RI/FS
     ROD


    RD/RA
               Determine If cultural resources
                   survey Is necessary
                                    Further Investigation
                                      recommended?
                                      No
                                    Yes
                                    Further Investigation
                                      recommended?
                                    Yes

                        Determine If there Is National
                            Register eligibility
                                      No
                       Yes
                      Evaluate
                      impacts
                              NO
                             Impact
                                                                        No
Development/implementation
   of mitigation measures
 No further Federal cultural
resources review necessary
              1 The Interagency Review Letter (IRL), formerly known as the A-95 Clearing

               House Letter, is the scoping phase of the process.
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       The regulations implementing NHPA §106 describe  the  administrative  and
 procedural requirements that must be  followed by  Federal agencies.  These
 procedural requirements include consultation and  coordination between  the
 Federal agency, a party undertaking a  Federally assisted cleanup,  the  Advisory
 Council on Historic Preservation  (ACHP), the State Historic  Preservation
 Officer  (SHPO),5 and other interested parties.  For CERCLA actions, these
 requirements must be complied with for any part of the cleanup  action  that
 takes place off site.  (For example, if an access  road  is to  be  built off  site
 to carry out the proposed remedial action, the road's  impact area  should  be
 subject to a cultural resource survey.) Although  administrative and procedural
 requirements are not ARARs for on-site activities, adherence to these  steps is
 strongly recommended for cleanup actions that take place entirely  on site
 because of the effectiveness of these procedures  in  identifying cultural
 resources and the expertise of the SHPO and the ACHP in these matters.

       States often act as the lead agency for CERCLA remedial actions.  In such
 cases, the responsibilities described  in this section  would  be  undertaken by
 the State. However, NHPA regulations  require that Federal  agencies  retain the
 responsibility for final decisions regarding the  impacts of  remedial
 activities on cultural resources. Therefore, in this section, lead  agency is
 used whenever EPA or a State agency may act on cultural resource
 identifications or "no effect" determinations. Formal  determinations regarding
 eligibility for the National Register, "no adverse effect" evaluations, and
 consultation with the ACHP are reserved to EPA. These  determinations,  however,
 should be made by EPA with the assistance of the  State.

       This section of the guidance manual describes  the criteria used  in
 determining whether a property is a cultural resource  eligible  for  listing on
 the National Register, and the site information needed to  identify  cultural
 resources. Also described in this section is a recommended approach for
 collecting the necessary information  and determining within  the remedy
 selection process whether proposed remedial activities will  affect  cultural
 resources.

       4.1.1 Criteria for Evaluation

       36 CFR section 60.4 identifies  the criteria applied  to evaluate  whether
 cultural resources will be eligible for inclusion on the National  Register.
 The evaluation is based in part upon  the quality  of  significance in American
 history, architecture, archeology, engineering, and  culture  that is present in
 districts, sites, buildings, structures, and objects that possess  integrity of
 location, design, setting, materials, workmanship, feeling,  and association,
 and that:
       5 The State Historic  Preservation Officer  is  the  official  responsible
 pursuant to §101(b)(1) of the Act  for administering the State historic
 preservation program within each State or  jurisdiction.

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        !  are associated with events that have made a  significant contribution
          to the broad patterns of our history;

        !  are associated with the lives of persons significant in our past;

        !  embody the distinctive characteristics of a  type, period,  or method
          of construction, or that represent the work  of a master, or that
          possess high artistic values, or that represent a significant  and
          distinguishable entity whose components may  lack individual
          distinction; or

        !  have yielded, or may be likely to yield, information important in
          prehistory or history.

        4.1.2 Needs Determination

        The following factors are reviewed in order to  determine whether  a
 Cultural Resource Survey  (CRS) is necessary. This analysis should be conducted
 prior  to developing the RI/FS Workplan, with the recognition that varying
 amounts of the following information will be available for each CERCLA  site:

        !  The type and scope of activity under preliminary consideration;

        !  The nature and extent of the physical disruption likely to be
          associated with the undertaking;

        !  The environmental characteristics of the planning area;

        !  The type of direct and indirect impacts anticipated in the planning
          area;

        !  The data gathered from a field inspection of the proposed  planning
          area, including photo-documentation of any potential cultural
          resources that may be directly or indirectly impacted; and

        !  The recommendations of the SHPO and other appropriate State agencies,
          and State and local historic preservation groups, local governments,
          Indian Tribes, and other parties likely to have knowledge  of historic
          properties in the area.

        4.1.3 Cultural Resource Survey

        A CRS is the category of activities necessary to identify cultural
 resources within the project area and, where necessary, to develop  the
 information required to apply the National Register's criteria for  evaluation
  (see Section 4.1.1 above). The objective of the CRS is to develop adequate
 information to make the substantive determinations required by the  NHPA. A
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 CRS is carried out by a professional archaeologist/historian,  as defined by
 Department of the Interior  (DOI) standards.6

       4.1.4    Implementing NHPA Requirements during the CERCLA Cleanup Action

       The following sections discuss how the steps in the  CERCLA cleanup
 process provide opportunities to develop the information and make  the
 determinations required under §106 of the NHPA. Exhibit 4-1 illustrates that
 these determinations, as appropriate, may be included in the remedy  selection
 process.

       4.1.4.1  Remedial Investigation/Feasibility Study

            !    The Workplan

       Should there be a need for a CRS  (see Section 4.1.2  above),  then the
 requirements for the CRS can be incorporated into the RI/FS Workplan. Most of
 the information for a CRS will be developed during the RI/FS.  The  CRS process
 is a staged investigation, narrowing in focus when specific resources are
 identified. The RI/FS Workplan may include a scope of work and schedule for a
 Stage I  (A&B) Site Recognition survey and allow for scheduling of  a  Stage II
 Site Definition and Evaluation survey  (described below), should it be
 necessary.

       Even at those sites where a CRS is undertaken, it will not be  necessary
 or appropriate to go through all of these steps at every CERCLA site in order
 to achieve compliance with NHPA. The objective of these surveys is to have
 information available regarding cultural resources at various  decision points,
 e.g., when remedial alternatives are discussed during the  FS phase,  and when
 making eligibility, mitigation, and data recovery determinations.

       !    Stage  I  Survey

       The Stage I survey is designed to determine the presence or  absence of
 cultural resources in the project's potential impact area. The Stage I work
 should be conducted early during the planning activities for each  project.
 This allows the information derived from this work to be used  in developing
 and screening remedial alternatives to avoid or minimize effects on
 historical, architectural, archaeological or culturally significant
 properties. For the purpose of this survey, the study area is  the  planning
 area of the proposed project. To facilitate planning, the  Stage I  survey may
 be divided into two sequential units of study:

                Stage IA: Literature Search and Sensitivity Study

       Stage IA is the initial level of survey and requires documentary
 research designed to identify any known or potential historical,
 architectural, archeological, culturally significant resources within the
 project area. A
  6 See Department of the Interior Standards and "Guidelines on Archaeology and
 Historic Preservation," 48 FR 44716-42  (September 29,  1983).


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 primary objective of the study is to evaluate the  sensitivity  of  the project
 area for the presence of cultural resources; this  information  will be used  to
 guide the field investigation that  follows.  In carrying out  the initial
 search, sources at the State Historic  Preservation Office, local  governments,
 universities, local libraries, museums, historical societies,  and other,
 individuals or organizations with historical and cultural  expertise can be
 consulted as appropriate. Indian Tribes and  other  appropriate  parties may also
 represent important sources of information.  In addition, the nature and extent
 of the proposed project is evaluated,  an initial walk-over reconnaissance and
 surface inspection is completed, and the effect of prior ground disturbance on
 the probability of identifying cultural resources  is assessed.

       The Stage IA search should identify  actual or potential  cultural
 resources and all properties that are  eligible, listed, or being  considered
 for inclusion in the National Register within the  project's  area. To further
 define the potential for unidentified  resources, the Stage IA  search should
 include synthesis of land use patterns, and  prehistoric and  historic cultural
 development of the project area. This  information  should provide  the basis  for
 identifying zones of cultural resource sensitivity. This synthesis may be
 particularly useful when screening  alternatives, analyzing indirect effects,
 and determining the need for and scope of  a  Stage  IB survey. Areas where
 substantial prior land modification is evident should be clearly  identified.
 It is appropriate to include materials (e.g., maps, photos,  soil  boring
 logs)that support conclusions of the analysis. Further, the  Stage IA
 sensitivity study will result in recommendations for the subsequent Stage IB
 investigation.

                   Stage IB: Field Investigation

       A Stage IB field investigation can include subsurface  testing, and is
 recommended unless the presence or  absence of resources can  be determined by
 direct observation or by examination of historical records and documents.
 Although detailed evaluation of specific resources is not  carried out at this
 level, it is necessary to record and describe the  cultural resources,
 including their location on the site,  as fully as  possible to  aid in the
 formulation of recommendations for  avoidance or further evaluation.

       The final Stage IB report presents the results of the  field
 investigation, including: a description of the survey design and  methodology
  (based on results of the Stage IA study) ;  complete records of  soil
 stratigraphy; and an artifact catalogue characterizing the nature of the
 discoveries. As appropriate, this should include the identification, estimated
 data range, and quantity or weight  of  each artifact. The locations of all
 field test units must be accurately plotted  on a project area  map, with
 locations of identified resources clearly  defined. Photographs that illustrate
 salient points of the survey are a  necessary component of  the  final report.
 Detailed recommendations and supporting rationale  for additional  investigation
 must be incorporated into the conclusions  of the Stage IB  report.
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                —   Review of Stage I Survey Findings

       The schedule  for the CRS should provide  for lead agency  review of the
 Stage I survey results and sufficient opportunity for the completion of a
 Stage II survey, should one be necessary, before completion of the RI
 fieldwork. The lead agency will evaluate the Stage  I survey results to
 determine the need  for, and refine the scope of, any Stage II  survey.

       If all cultural resources identified  through  the Stage IA and/or Stage
 IB surveys will not be affected by the proposed project, the survey process is
 complete. If cultural resources identified  by  these studies may be affected,
 further evaluation  may be required to determine the potential  eligibility of
 the resources for inclusion in the National Register. The extent of additional
 cultural resource study may be reduced by project modifications  (e.g.,
 realignment or relocations) that avoid or minimize  potential effects.

            !    Stage II Survey: Site Definition and Evaluation

       The Stage II  survey is a detailed evaluation  of an identified cultural
 resource(s) that may be affected by  the remedial alternatives  being
 considered. Research is carried out  on each identified resource to provide
 adequate data to allow a determination of the  resource's eligibility for
 listing in the National Register  (see next  section). The Stage II report
 should include, at  a minimum, information on boundaries, integrity, and
 significance of the resource(s), and evaluation of  the effect  of the proposed
 project as well as  any additional data necessary to evaluate eligibility.

       The Stage II  survey results will provide the  lead agency with sufficient
 information to determine both the effects and  ways  to avoid or reduce the
 effects on any cultural resources. The data from the CRS should be
 incorporated into the RI/FS environmental analysis, and the reports should be
 appended to the document.

              !  Determination of Eligibility

       The lead agency, in consultation with the SHPO, shall apply the criteria
 for inclusion described in Section 4.1.1 above in order to determine whether a
 cultural resource meets the criteria for inclusion  on the National Register.
 If both the lead agency and the SHPO agree, the lead agency should prepare
 appropriate documentation according  to the  DOI regulations  (see 36 CFR Part
 63). This documentation should include the  SHPO's written opinion regarding
 eligibility. The lead agency should  transmit the documentation to the Keeper
 of the National Register. If a question exists or the lead agency and the SHPO
 do not agree on eligibility, the documentation should be forwarded to the
 Keeper for a determination of eligibility.

              !  Impact Evaluation

       After the appropriate CRS studies have been accomplished, one of the
 following determinations of the effect of the  proposed remedial activities on
 all National Register-listed and eligible resources identified in the project

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 area of potential effects shall be made by the  lead  agency  in  consultation
 with the SHPO. An effect occurs when an undertaking  may  alter  characteristics
 of the cultural resources that qualify it for inclusion  in  the National
 Register.

                -- Determination of no effect

       If the lead agency, in consultation with  the SHPO, determines  that  the
 undertaking will have no effect on National Register-listed resources  or  on
 resources eligible  for nomination on the National Register,  then  no  further
 review is necessary.

                -- Determination of no adverse effect

       If there will be an effect on a resource  which is  listed or eligible for
 listing on the National Register, the lead agency, in consultation with the
 SHPO, shall determine the nature of the effect  by applying  the "Criteria  of
 Adverse Effect"  (see next section). If a determination of no adverse effect is
 made, the lead agency shall prepare adequate documentation  for this
 determination for submittal to the ACHP  (36 CFR section  800.5(d)).

       Effects of an undertaking that would otherwise be  found  to  be  adverse
 may be considered to be not adverse when both the nature of the  impact is
 limited and appropriate data recovery  (see mitigation section  below) is
 implemented  (36 CFR section 800.9(c)). For example,  a data  recovery  program
 may be applied to an archaeological site whose  primary significance  lies  in
 its ability to yield information important to history. This data  recovery can
 take the form of preserving the significant information  by  professional
 excavation, reporting, and curation of archaeological materials.

                — Determination of adverse effect

       An adverse effect is an effect on a historic property on or eligible for
 the National Register that may diminish the integrity of the property's
 location, design, setting, materials, workmanship, feeling,  or association.
 Adverse effects  (36 CFR section 800.9(b)) include, but are  not limited to, the
 following:

              !  physical destruction, damage, or alteration  of  all or part of
                the property;

              !  isolation of the property from or alteration of the character
                of the property's setting when that character contributes  to
                the property's qualification for the  National Register;

              !  introduction of visual, audible,  or atmospheric elements that
                are out of character with the property or alter its setting;
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              !  neglect of the property resulting in its deterioration  or
                destruction; and

              !  transfer, lease, or sale of the property.

       If it  is determined that a remedial activity conducted off  site  has  the
 potential to adversely affect a National Register-listed or eligible resource,
 or if the ACHP objects to a determination of no adverse effect, the lead
 agency shall prepare the required documentation  (36 CFR section 800.8)  (it is
 strongly recommended that the lead agency also comply with these  documentation
 requirements, where possible, for on-site activities). This documentation  will
 contain the  lead agency's proposals to avoid or mitigate the adverse effects
 of a project upon a National Register-listed or eligible resource and  shall be
 submitted to the ACHP. The ACHP may consult with the lead agency, the  SHPO,
 and other interested parties in examining all feasible alternatives that would
 avoid adverse effects on these resources. Generally, the formal consultation
 should result in an agreement on the treatment of any adverse  effects.

       When agreement is reached on how the effects will be taken  into  account,
 the ACHP may participate in the preparation or approval of a Memorandum of
 Agreement  (MOA) reflecting such agreement. The lead agency shall  not take  or
 authorize any action having an adverse effect on such cultural resources until
 all reasonable alternatives have been examined. Of course, for on-site
 actions, the lead agency must meet the substantive requirements to avoid or to
 mitigate potential project effects. For off-site actions, the  lead agency
 shall not take the action until the ACHP has accepted an MOA or has commented
 on the report.

              !  Mitigation

       Where  the lead agency determines that it is not feasible to implement an
 alternative  to avoid an effect on a National Register-listed or eligible
 resource, measures to minimize the potential effects should be developed in
 consultation with the SHPO, the ACHP and, where appropriate, other parties. A
 mitigation plan outlining these measures should be developed. Where an adverse
 effect exists, this mitigation plan should be included in an MOA  signed by the
 consulting parties.

       If a mitigation plan is developed, it shall be based on  engineering,
 environmental, economic, and resource preservation concerns. Mitigation may
 take the form of avoidance through cost-effective redesign, reduction  of the
 direct impact on the resource, and/or data recovery prior to construction.

       4.1.4.2  Remedial Design

       The remedial design process should provide for the scheduling and
 funding of the development and implementation of a detailed cultural resources
 mitigation plan  (e.g., data recovery, construction constraints, etc.). The
 lead agency will be responsible for obtaining final SHPO and ACHP approval of
 any mitigation plan that involves alteration or destruction of identified
 National Register or eligible resources located off site. In general,  it will

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 be advantageous to complete data  recovery  activities prior  to  construction;
 however, provisions may occasionally be necessary  to schedule  such  work  to
 occur during construction.

       4.1.5   Documentation

       Compliance with NHPA requirements should be  documented in  the RI/FS
 report, describing, as appropriate, the determination  of whether cultural
 resources are or are not present;  the  results of the CRS process and
 recommendations on the eligibility of  the  identified cultural  resources  for
 the National Register; the impact,  if  any,  on such resources;  and the
 associated mitigation measures to  minimize potential "no adverse" or "adverse"
 effects .

       When cultural resources are  present,  the ROD should identify  the NHPA  as
 an ARAR. For each alternative, the ROD should identify whether the  alternative
 will comply with substantive NHPA requirements. For the selected remedy, the
 ROD should also include a brief statement  describing what compliance with NHPA
 entails, e.g., that there will be  no impact on cultural resources or what
 mitigation measures will be required.

 4.2   ARCHEOLOGICAL AND HISTORIC  PRESERVATION ACT

       The Archeological and Historic Preservation  Act, 16 USC  §469a-l,
 provides for the preservation of  historical and archeological  data  that  might
 otherwise be lost as a result of  dam construction  or alterations of the
 terrain. If activities in connection with  any Federal  construction  project or
 Federally approved project may cause irreparable loss  to significant
 scientific, prehistorical, or archeological data,  the  Act requires  the agency
 undertaking that project to preserve the data or request the DOI to do so.
 This Act differs from the NHPA in  that it  encompasses  a broader  range of
 resources than those listed on the National Register and mandates only the
 preservation of the data  (including analysis and publication).

 4 3   ENDANGERED SPECIES ACT

       4.3.1   Overview of the Endangered Species Act

       The Endangered Species Act  (ESA) of  1973, 16 USC §1531 et  sea., provides
 a means for conserving various species of  fish, wildlife, and  plants that are
 threatened with extinction. The ESA defines an endangered species as "any
 species which is in danger of extinction throughout all or  a significant
 portion of its range.... " In addition, the ESA defines a threatened species
 as "any species which is likely to become  an endangered species  within the
 foreseeable future.... " Further,  the  ESA  provides for the  designation of
 critical habitats, that are "specific  areas within the geographical area
 occupied by the  [endangered or threatened]  species...  on which are  found those
 physical or biological features essential  to the conservation  of the
 species ..."
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       Section 7(a) of the ESA requires Federal agencies, in consultation with
 the DOI and the National Marine Fisheries Service  (NMFS), as appropriate,  to
 ensure that the actions they authorize,  fund, or carry  out are not  likely  to
 jeopardize the continued existence of endangered or threatened species, or
 adversely modify  or destroy their critical habitats. Actions that might
 jeopardize listed species include direct and indirect effects, as well as  the
 cumulative effects of other actions that are interrelated or interdependent
 with the proposed action.

       Substantive compliance with the ESA means that the lead agency must
 identify whether  a threatened or endangered species, or its critical habitat,
 will be affected  by a proposed response  action. If so,  the agency must avoid
 the action or take appropriate mitigation measures so that the action does not
 affect the species or its critical habitat. If, at any  point, the conclusion
 is reached that endangered species are not present or will not be affected, no
 further action is required.

       Section 7 of the ESA requires consultation to determine whether the
 project is likely to jeopardize the continued existence of any endangered  or
 threatened species or result in the destruction or adverse modification of a
 critical habitat. The lead agency should consult with the U.S. Fish and
 Wildlife Service  (FWS) for terrestrial and freshwater species and the NMFS for
 marine species. Such consultation is required for off-site actions  and is
 strongly recommended for cleanup actions conducted entirely on site, since
 such procedures were designed to ensure  compliance with the ESA.7

       4.3.2   ESA Review Procedures

       4.3.2.1  Determining Whether Endangered Species Are Present

       As early as possible in the remedial planning process, the lead agency
 should request a  determination from the  appropriate office(s) of the FWS and
 the NMFS on whether there are listed or proposed species or critical habitats
 present in the study area. A written request for information is required for
 off site actions  and is strongly recommended for on-site activities. The
 location and type of project and a map of the planning  area for each project
 should be included with the letters to the FWS and NMFS, as appropriate.

       The FWS and NMFS are required to respond within 30 days of the receipt
 of such a request. If the FWS and NMFS determine that no listed or  proposed
 species are present in the study area, no further consultation with these
 agencies is required.

       Informal consultation under the ESA can also be conducted on  many
 projects at one time. In addition, certain FWS and NMFS regional offices may
 provide lists of  Federal endangered and  threatened species and critical
 habitats on a State-by-State basis that  can help to expedite the review
 process. Requests for bulk informal consultations and State species lists
         Procedures  for interagency cooperation concerning endangered  species
 are found in 50 CFR Part 402.
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 should be forwarded to the respective  FWS  regional office. These  lists,
 assuming they are kept current, can provide an early  screening  and may  result
 in a determination by the lead agency  that no endangered  species  or  critical
 habitats are present, and no  further actions or investigations  would be
 required.

       4.3.2.2  Biological-Assessment

       A determination, during informal consultation,  that  an  endangered  or
 threatened species or critical habitat is  present and may  be  impacted by site
 activities will necessitate preparation of a biological assessment  (BA).  The
 intent of the BA is to examine any possible impacts of a proposed action upon
 the affected species or critical habitats  in the project  area.  The
 determination of possible project impacts  should be completed within 180 days
 after the BA is initiated and should be made during the RI/FS process.  To
 support this determination, the BA should  include the following,  as
 appropriate:

            !   Views  of wildlife experts;

            !   Review of literature and field data;

            !   Results of on-site inspection of the total  area affected (both
               on site and off site,  as appropriate)  to determine the presence
               or absence of affected species and/or critical habitat
               (conducted in accordance with the site's Health and Safety
               Plan);

            !   Analysis of the likely effects of the proposed project on the
               species in terms of individuals  (short-term impacts) and
               populations (long-term impacts);

            !   Analysis of alternative actions  to protect  endangered species;
               and

            !   Description of the study methodology.

       Prior to the implementation of any of these tasks,  it is  recommended
 that the specific scope of the BA be approved by the  appropriate  FWS or  NMFS
 office(s ) .

       Based upon the BA conclusions, the lead agency, in  consultation with  the
 FWS or NMFS, must determine the next appropriate action. The  following
 consultation requirements described below  and in Sections  4.3.2.3. and
 4.3.2.4. are not required for on-site  actions, but are strongly recommended.

            !    If the lead agency determines the project will not affect any
                listed or proposed species, the lead agency will supply  the
                appropriate area manager or regional director  of the  FWS  or
                NMFS with that determination and the completed BA. Unless FWS
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                NMFS disagrees with the determination  of no  effect,  the  lead
                agency's endangered species  responsibilities under  §7  of the
                ESA have been met.

            !    If the lead agency anticipates  that  the project will affect a
                listed or proposed species,  the lead agency  must  initiate the
                formal consultation process  with the appropriate  regional
                office(s) of EVS or NMFS. No action  can be approved until the
                formal consultation process  is  completed.

 If the lead agency and the Federal wildlife management agencies  disagree about
 the effect of an action on an endangered species, the formal  consultation
 process  (i.e., biological opinion) must be  initiated.

       4.3.2.3  Biological Opinion (Formal Consultation)

       The lead agency initiates formal consultation by a written request to
 FWS or NMFS which must include:

            !    a description of the action  to  be considered;

            !    a description of the specific area that may  be affected  by the
                action;

            !    a description of listed species or critical  habitat that may be
                affected by the action, and  of  how they will be affected,  and
                an analysis of any cumulative effects; and

            !    relevant available reports and  other information  on the  action,
                or affected species or habitats.

 The FWS  or NMFS is required to conclude formal consultation within 90 days,
 although that time can be extended by mutual consent  of the Federal agencies
 involved. Within 45 days of the conclusion  of  formal  consultation,  a
 biological opinion  (BO) must be completed.  The BO can conclude that:

            !    The proposed action is not likely to jeopardize or  adversely
                affect the species or critical  habitat. No further  action is
                required and the proposed project can  proceed.

            !    The proposed action is likely to jeopardize  or adversely affect
                an endangered species or critical habitat. In  this  case,  the
                project must be stopped unless  alternatives  to avoid or
                mitigate any impact to the species or  critical habitat can be
                found, or an exemption is granted by the Endangered Species
                Committee through formal consultation  procedures.
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       4.3.2.4  Application for Exemptions

       The procedures  for applying  for ESA exemptions are  found  in  50  CFR  Parts
 450, 451, 452, and 453 and are summarized below.

       If the BO results in a determination of adverse effect  (jeopardy  to
 species or adverse modification of habitat), and there are no reasonable  or
 prudent measures that can be taken to avoid or mitigate impacts  from  off-site
 activities, the lead  agency may submit an application for exemption from  the
 §7(a)(2) requirement. The application must be sent to the Secretary of  the
 Interior or Secretary of Commerce, as appropriate, within 90 days  following
 the termination of the consultation process. The exemption application  must
 contain the following information  (similar information should be provided for
 on-site action):

          •  Comprehensive description of the proposed agency action;

          •  Description of the consultation process carried out  under the Act;

          •  Copy of the BA;

          •  Copy of the BO;

          •  Description of the alternatives considered;

          •  Statement describing why the proposed agency  action  cannot  be
             altered or modified to avoid violating §7 (a) (2) of  the Act; and

          •  Description of resources committed by the Federal agency, if  any,
             to the proposed action subsequent to the initiation  of insulation.

       For off-site actions, the Secretary will conduct a  threshold review of
 the application and determine, within 20 days, whether the application
 qualifies for consideration by the Endangered Species Committee. If it  is
 determined that all the consultation requirements have been met  by the  agency,
 the Secretary will submit a report to the Endangered Species Committee  within
 140 days. The Endangered Species Committee is composed of: the  Secretary  of
 the Interior, the Secretary of Agriculture, the Secretary of the Army,  the
 Chairman of the Council of Economic Advisors, the Administrator  of the
 Environmental Protection Agency, the Administrator of the National Oceanic and
 Atmospheric Administration, and a person from each affected State  as
 determined by the Secretary.

       It should be noted that applying for an ESA Exemption is  a lengthy  and
 detailed process involving hearings before an Administrative Law Judge. The
 process has been carried out on only a few cases in the history  of the  Act.
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                                   Exhibit 4-2


            Endangered Species Review Under Endangered Species

                   Act and Remedy Selection Under CERCLA
CERCLA/SARA
Project Phase
      IRL1
     RI/FS
     ROD
    RD/RA
Determine with FWS and NMFS
whether there are Federal
endangered species in the study
area that are likely to be Impacted


N
•••••
0
                        Biological
                      assessment (BA)
                       Project likely to affect
                          listed species
                                Project is not likely to
                                 jeopardize species
  Initiate Section 7
 formal consultation
W/ FWS & NMFS (BO)
                        Project is likely to
                        jeopardize species
                                                       Supply FWS or NMFS
                                                          with BA and
                                                          determination
                                Project Is not likely to
                                 jeopardize species
                         Resolve through
                        negotiations with
                          FWS, NMFS2
                          implement specified
                              mitigation
                                No further Federal endangered
                                   species review required
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       4.3.3 Documentation

       Compliance with ESA  requirements  should be documented  in  the  RI/FS
 report, describing, as appropriate, the determination  of whether  endangered
 species or a critical habitat are  or are not present;  the  results of  the  BA;
 the results of the  formal  consultation  or BO; the  impact,  if any, of  the
 CERCLA action; and  the associated  mitigation measures  to minimize impacts.

       When an endangered species or critical habitat is present,  the  ROD
 should identify the ESA as an ARAR. For each alternative,  the ROD should  state
 whether the alternative will comply with substantive ESA requirements.  For the
 selected remedy, the ROD should also include a brief statement  describing what
 compliance with ESA entails, e.g., that there will be  no impact on  the
 endangered species  or what mitigation measures will be required.

       4.3.4  Discussion

       Provided that appropriate consultation is initiated  in a  timely manner,
 it is unlikely that the provisions of the ESA will cause a delay  in a remedial
 project. Moreover,  because of the  nature of the remedial program  (i.e., the
 cleanup of environmental contamination), it is very unlikely that the ESA
 review process will result in a project being delayed  or stopped  because  of
 adverse impacts to  endangered or threatened species or critical habitats.
 However, changes in methods or timing may be necessary to  avoid adverse
 impacts  (e.g., timing the  action to avoid the mating season  of  a  species). The
 vast majority of projects  will not require anything further  than  informal
 consultation. However, if  serious  impacts could result from  a remedial  action,
 the provisions of natural  resource damage assessments  and  claims  of
 CERCLA/SARA  (i.e.,  43 CFR  Part 11) would likely be initiated by the
 appropriate Trustee. In such cases, an  agreement may be reached with  the
 respective Trustee  that will allow appropriate remedial action  "operable
 units" to proceed to ensure the protection of public health.

 4.4   WILD AND SCENIC RIVERS ACT

       4.4.1  Overview of the Wild  and Scenic Rivers Act

       The Wild and  Scenic  Rivers Act  (WSRA), 16 USC §1271, et seq..
 establishes requirements applicable to  water resource  projects  affecting  wild,
 scenic, or recreational rivers within the National Wild and  Scenic  Rivers
 System, as well as  rivers  designated on the National Rivers  Inventory to  be
 studied for inclusion in the National System. In accordance  with  §7 of  the
 Act, a Federal agency may  not assist through grant, loan,  license,  or
 otherwise, the construction of a water  resources project that would have  a
 direct and adverse  effect  on the free-flowing, scenic, and natural  values for
 which a river on the National System or Study River on the National Rivers
 Inventory was established. The Act also covers indirect effects from
 construction of water resources projects below or  above rivers  or their
 tributaries that are in the National System or under study on the National
 Rivers Inventory, such as  a dam on a tributary and construction or  development
 on adjacent shorelines. If the project (s) would affect the free-flow
 characteristic of a designated river or

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 unreasonably diminish the  scenic,  recreational  and  fish  and wildlife values
 present in the area, such  activities  should be  undertaken  in  a manner  that
 would minimize adverse impacts,  and should be developed  in consultation  with
 the DOI  (National Park Service)  and the Department  of Agriculture  (DOA).

       If, at any point, the conclusion is reached that the CERCLA  activity
 will not impact a designated  river or is not a  water resource project, no
 further action is required.

       The Act is administered by the  DOI and the DOA. Potentially  applicable
 requirements are found in  §7  of  the Act. The DOA has promulgated implementing
 procedures at 36 CFR Part  297 for  rivers within its jurisdiction.

       4.4.2    Summary of  Wild and Scenic Rivers ARARS for CERCLA  Actions

       The WSRA requires that  the lead agency:

             •  Identify any rivers within the National Wild and Scenic Rivers
                System or Study River  on the National Rivers Inventory  within a
                Federal project area;

             •  Determine if a project will involve  construction of any water
                resources project that could affect  the free-flowing
                characteristics,  the scenic, or  natural values of a designated
                river; and

             •  Not authorize  any water resources project or any other  project
                that will directly  or  indirectly impact any designated  river
                without notifying the  Secretary  of the Interior or  Chief  of the
                Forest Service  (whoever has jurisdiction) in writing at least
                60 days prior  to  the date of the proposed actions.

       A water resources project8 is defined as  a dam,  water conduit,
 reservoir, powerhouse, transmission line, discharge to waters, or  other
 project works under the Federal  Powers Act or other construction of
 developments that would affect the free-flowing characteristics or scenic,
 recreational, or fish and  wildlife values of a  Wild and  Scenic River or  Study
 River. The statute further provides that the Secretary of  Agriculture  or
 Secretary of the Interior  will make a determination as to  the effect of  the
 project on the designated  river  and will either consent  or not consent to the
 project. If consent is denied, either Secretary may recommend measures to
 eliminate adverse effects.

       If on-site cleanup activities involve the potential  to  impact a
 designated river, the lead agency  is  strongly encouraged to notify and consult
        Note  that  the  DOI  definition  includes  activities  such  as  dredging,
 installation of rip-rap,  and  shoreline development  (DOI  Solicitors Memorandum,
 February 7,  1969) .

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                                 Exhibit  4-3


           Wild and Scenic Rivers Review Under Wild and Scenic

             Rivers Act and Remedy Selection Under CERCLA
 CERCLA/SARA
 Project Phase
      1RL1
     RI/FS
      ROD


     RD/RA
                Determine If proposed action
               may impact any wild, scenic, or
                   recreational river area
                                                                           No
  Determine if proposed action
involves water resources action(s)
                                                             No
                        Yes
                       Evaluate primary Impacts
                      associated with the project
                       Determine If proposed action will result
                         in conditions consistent with the
                              character of the river
                                H
         Yes
                               No
                       Mitigate or modify the
                            project
Development/implementation
       of mitigation
  No further Federal wild &
scenic rivers review required
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                                      4-19

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 with DOI and DOA in determining whether the project  is  considered  a water
 resources development project, whether to proceed with  the  activity,  and how
 to eliminate direct and adverse effects. For  off-site activities,  the lead
 agency must notify DOI or DOA and obtain consent before implementing  an action
 that would directly and adversely impact a designated river.

       4.4.3 Documentation

       When CERCLA activities potentially involve a designated  river,  the RI/FS
 should describe the results of the analysis of  impacts  and  discussions with
 DOI or DOA. For each alternative, the ROD should state  whether the alternative
 will meet substantive WSRA requirements. For  the selected remedy,  the ROD
 should also include a brief statement describing what compliance will entail.

 4.5   FISH AND WILDLIFE COORDINATION ACT

       4.5.1 Overview of the Fish and Wildlife Coordination  Act of  1934

       The Fish and Wildlife Coordination Act, 16 USC §661 et sea. , was enacted
 to protect fish and wildlife when Federal actions result in the control or
 structural modification of a natural stream or  body  of  water.  The  statute
 requires Federal agencies to take into consideration the effect that
 water-related projects would have upon fish and wildlife and then  take action
 to prevent loss or damage to these resources. Such action should be viewed in
 the context of obtaining maximum overall project benefits,  i.e., cleaning up
 the site. Under §662 of the Act, consultation is required with the FWS or NMFS
 and the Wildlife Resources Agency of the State  if alteration of the water
 resource would occur as a result of off-site  remedial activities.  Consultation
 is strongly recommended for on-site actions.  The purpose of consultation is to
 develop measures to prevent, mitigate or compensate  for project-related losses
 to fish and wildlife.

       4.5.2 Summary of Fish and Wildlife ARARS  for CERCLA Actions

       In planning a response action, the lead agency must determine whether
 the action will result in the control or structural  modification of a body of
 water. The types of actions that would fall under the jurisdiction of the Act
 include:

       •  Discharges of pollutants including industrial,  mining,
          and municipal wastes or dredge and fill material into a
          body of water or wetlands;9 and

       •  Projects involving construction of dams, levees,
          impoundments, stream relocation, and water  diversion
          structures.
 9 The requirements to comply with the  Fish  and Wildlife  Coordination Act  are
 in EPA's NPDES permit regulations in 40 CFR section  122.49.

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       If a response action would  involve  any  of  these  activities,  the  lead  agency
 must develop measures to prevent, mitigate  or compensate  for  project-related
 losses of fish and wildlife  resources.

       The statute requires consultation with  the FWS and  the  affected  State for
 developing measures to protect wildlife.  Consultation  can be  carried out  with  the
 field offices of the FWS. Consultation is required  for off-site  response  actions
 and is recommended for cleanup actions taking place entirely  on-site.

       4.5.3 Documentation

       The RI/FS report should describe any  reports  or  recommendations  of  the FWS.
 When control or modification of a water body  is  involved, the ROD  should  state
 whether each alternative will meet  substantive Fish and Wildlife Coordination  Act
 ARARs, and should briefly describe  requirements  for the remedy selected,
 including the impacts, if any, of the response alternatives on wildlife and the
 mitigation measures that would be employed.

 4. 6   COASTAL ZONE MANAGEMENT ACT

       4.6.1 Overview of the  Coastal  Zone Management Act

       Section 307(c)(1) of the Coastal Zone Management Act  (CZMA),  16  USC §1451
 et sea., requires that Federal agencies conducting  or  supporting activities
 directly affecting the coastal zone  conduct or support those  activities in  a
 manner that is consistent with approved State coastal  zone management  programs. A
 State coastal zone management program  (developed under State  law and guided by
 the CZMA) sets forth objectives,  policies,  and standards  to guide  public  and
 private uses of lands and waters  in  the coastal  zone.  The State  coastal zone
 management program must be approved  by the  Secretary of Commerce.

       If a remedial activity will affect  (adversely or not adversely)  the coastal
 zone of a State with an approved  coastal  zone management  program,  the  lead  agency
 is required to determine whether  the activity will be  consistent,  to the  maximum
 extent practicable  (CZMA §307(c)), with the State's coastal zone management
 program and must notify the  State of its  determination.  (If an off-site remedial
 activity requires a Federal  permit,  which will not  occur  often,  the State must
 certify that the proposed activity  complies with its coastal  zone  management plan
 [CZMA §307(c) (3) ] . )

       Copies of State management  plans may  be obtained from the  coastal
 commission of each State. All coastal States  have approved State management plans
 except for Georgia, Texas, Ohio,  Indiana, Illinois, and Minnesota.

       The term "coastal zone" is  identified in the Act as "the coastal waters
 (including the lands therein and  thereunder)  and the adjacent shorelands
 (including the waters therein and thereunder), strongly influenced by  each  other
 and in proximity to the shorelines  of the several coastal States,  and  includes
 islands, transitional and intertidal areas, salt marshes, to  the
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 international boundary between the United States  and  Canada  and  in  other  areas,
 seaward to the outer limit of the U.S. territorial  sea. The  zone extends  inland
 from the shorelines only to the extent necessary  to control  shorelands, the  uses
 of that have a direct and significant impact  on the coastal  waters."

       4.6.2 Summary of Potential Coastal Zone Management Act ARARS  for  CERCLA
             Activities

       To comply with the CZMA, the lead agency should identify remedial
 activities that would directly affect the coastal zone and then  undertake the
 following:

             •  Review the State coastal zone  management plan and
                determine whether remedial activities  would be
                consistent with the plan  (if a Federal permit(s)
                required, the appropriate State coastal zone
                management authority would make such a
                determination);

             •  Prepare a consistency determination  (or its
                equivalent for on-site activities) that includes:

                —   A  detailed  description  of  the  remedial  action,
                     its  associative facilities,  and coastal zone
                     effects;

                     A brief statement on how the remedial action,
                     to the maximum extent practicable, would be
                     consistent   with the State coastal zone
                     management  plan;  and

               —    Data to support the consistency determination.

       4.6.2.1  On-site activities

       Under CERCLA, on-site actions are not subject to administrative review
 processes. However, it is the lead agency's responsibility to ensure that on-site
 actions will comply with all of the substantive requirements under  a State's
 coastal zone management plan. The lead agency should  document that  substantive
 requirements will be met by developing an analysis  similar to a  consistency
 determination. The lead agency is strongly encouraged to consult with the State
 coastal zone management agency in determining whether substantive requirements
 will be met.

       4.6.2.2  Off-Site Activities

       For off-site remedial actions, the lead agency  should  notify  the
 responsible State agency of its consistency determination as early  as possible in
 the planning process  (when sufficient data is available) but before the lead
 agency reaches a significant point in the decision making, i.e.,  at least
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                                      Exhibit 4-4
    Coastal Zone Review Under Coastal Zone Act and Remedy Selection
                                Under CERCLA
  CERCLA/SARA
  Project Phase
       IRL1
      RI/FS
       ROD


      RD/RA
                         Yes
       1-
Determine whether the proposed
  action may directly affect a
        coastal zone
                                                                            No
                         Determine whether permits or
                           licenses will be required
                         No
                                      Yes
 EPA makes consistency
   determination under
     301(C)(1)or(2)
              EPA seeks consistency
                determination with
              approved State coastal
              zone management plan
                 under 301 (C)(3)
                       Inconsistent
                Determine whether
                  consistent or
                   inconsistent
                       Mitigate or modify the
                             project
Development/implementation
       of mitigation
                 No further Federal coastal zone
                       review required
                                        4-23
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 90 days before final approval of the remedial action. The consistency
 determination is a brief statement indicating how the remedial action will be
 undertaken in a manner consistent with the State's coastal  zone management
 program. The consistency determination must include a detailed description of the
 proposed remedial action, its associated  facilities and their combined coastal
 effects, as well as data and information  to support the Federal agency's
 conclusion. The consistency determination need not follow a particular format as
 long as all the substantive information is included.

       State agencies are required to respond to a consistency determination
 within 45 days from receipt of the notice. If a State fails to provide a
 response, the lead agency should assume State agreement. An off-site remedial
 activity may not be taken sooner than 90  days from issuance of a consistency
 determination unless both the lead agency and the responsible State agency agree
 to an alternative period.

       If the State agency disagrees with  a consistency determination, the State
 will respond with its reasons for disagreeing and provide supporting
 documentation. The response will address  how the activity will be inconsistent
 with specific elements of the coastal zone management plan  and alternative
 measures that can be undertaken to allow  the activity to proceed consistent with
 the management program.

       When disagreement occurs, the lead  agency and responsible State agency
 should utilize the remaining portion of the 90-day notification period to resolve
 their differences. If disagreement continues, the 90-day period may be suspended
 until the disagreement is resolved. However, the lead agency would not have to
 delay or abandon implementation of the response action identified by the State as
 inconsistent with the coastal program as  long as the lead agency maintains that
 the action is consistent, to the maximum  extent practicable, with the coastal
 program.

       There are a number of procedures for resolving State/Federal conflicts.
 These include:

          •  Informal discussions between  the parties, assisted by the Department
             of Commerce, Office of Coastal Zone Management;

          •  Mediation by the Secretary of Commerce with public hearing; and

          •  Judicial review by either party.

       4.6.3 Documentation

       When remedial activities will directly affect a coastal zone, the RI/FS
 should describe compliance with the State's CZMA and should incorporate the
 consistency determination, or its equivalent. The ROD should identify the CZMA as
 an ARAR and state whether each alternative will meet CZMA requirements.
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 4.7   WILDERNESS ACT

       The Wilderness Act,  16 USC §§1131  et  seq. .  creates  the National Wilderness
 Preservation System. The intent of the law  is  to  administer units  of this  System
  (i.e., Wilderness Areas) in order to preserve  their wilderness  character and  to
 leave them unimpaired  for  future use as  wilderness.

       In complying with the Wilderness Act,  the RPM must  first  identify whether
 proposed remedial activities will impact designated wilderness  areas  (see  16  USC
 §1132). The Regional NEPA  Compliance staff  should be  able to identify these
 areas. If a proposed remedial activity will  impact a  wilderness  area, the  RPM
 should consult with the NEPA Compliance  staff  and the administering agency to
 determine the prohibitions on activities in  the wilderness area  and whether
 exemptions to these prohibitions are necessary and can be obtained. For example,
 the RPM may have to implement a remedial activity that uses only temporary
 structures and roads,  or certain kinds of equipment.

       4.7.1 Documentation

       When remedial activities will impact  a wilderness area, the  RI/FS should
 describe compliance with the Wilderness  Act. The  ROD  should identify the
 Wilderness Act as an ARAR  and state whether  each  alterative will meet the  ARAR.
 For the selected remedy, the ROD should  also briefly  state what  compliance with
 the Wilderness Act will entail.
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                                 Exhibit 4-5
   Wilderness Area Review Under Wilderness Area Act and
                 Remedy Selection Under CERCLA
 CERCLA/SARA
 Project Phase
      1RL.1
 liii^iyiHiili^jJillis'sjjjilfsliiiiiJf^n!
 Jjllj'miiiii"'" *"""""
 ::Ji!.|!!i||i.»««p^^:

     i71 rii d tit *  "s
     j j j( >[AJJ  *I^'M'
 : i  i   ;, i f t te i iifle

  i   h! t tli±"
     I  ! J ^ iilfiJ! 4 *,
     ROD
    RD/RA
Yea L 	 Determine wti
1 action may i
\


Consult wfth DOI or USDA 1


Evaluate Impact of proposed |
action and alternatives on the 1
wUdtmas* area |
\

Mitigate or modify the 1
project 1


Development/Implementation 1
of mitigation |
                                            area
                                                                    No
                                                  No further Federal wilderness
                                                     area review required
          The Interagency Review Letter (IRL), formerly known as the A-95 Clearing House Letter, is the

          scoping phase of the process.
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                                       CHAPTER 5

                          STANDARDS, ADVISORIES, AND GUIDANCE
                        FOR THE MANAGEMENT OF RADIOACTIVE WASTE

   5.0 OVERVIEW

         Very few applicable standards exist for the cleanup of radioactively
   contaminated sites and buildings. The principal exceptions are health and
   environmental protection standards for mill tailings under the Uranium Mill
   Tailings Radiation Control Act  (see Section 5.1.1.4 of this chapter). Other
   standards described here are likely only to be relevant and appropriate because
   of the jurisdictional framework of the radiation statutes. EPA is developing
   standards and guidance for residual radioactivity for cleanup of sites where
   radionuclides have been used.1  Such standards,  when promulgated,  will be
   potentially applicable or relevant and appropriate requirements  (ARARs) for
   CERCLA sites.

         This chapter provides guidance on the potential applicability or relevance
   and appropriateness of standards for management of mill tailings and on other
   radiation standards that may be relevant and appropriate to CERCLA actions.
   Determinations of what is an ARAR will be based on site-specific evaluations.

         Several agencies have authority over the cleanup of sites contaminated with
   radioactive materials. Each agency has a variety of general regulations that
   could be applicable to sites within the agency's purview, or may be relevant and
   appropriate to CERCLA sites with similar radioactive contamination. In addition,
   there are a variety of radiation advisories and guidance that, while not ARARs,
   may be considered when developing protective remedies at CERCLA sites.

         The primary agencies that have regulatory programs for the cleanup of
   radioactively contaminated sites and buildings are EPA, the Nuclear Regulatory
   Commission (NRC),  the Department of Energy (DOE), and States. Several other
   Federal agencies also have regulatory programs for radioactive waste, but these
   programs generally are more narrow in scope than those of EPA, NRC, and DOE. In
   addition, a few non-government, scientific organizations issue important
   advisories and guidance related to radioactive waste management. Briefly, the
   main functions and areas of jurisdiction of all of these organizations are as
   follows:

         •  EPA's authority to protect public health and the
            environment from adverse effects of radiation exposure is
            derived from several statutes, including the Atomic
            Energy Act, the Clean Air Act, the Uranium Mill Tailings
            Radiation Control Act  (UMTRCA),  the Nuclear Waste Policy
            Act, RCRA, and CERCLA. The Agency's major
            responsibilities in the radiation area are to establish
       Advance Notice of Proposed Rulemaking, 51 FR 22264; also Regulatory
Agenda 53 FR 14365, Regulation Identification No. 2060-AB31.

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            Act, RCRA, and CERCLA. The Agency's major
            responsibilities in the radiation area are to establish
            Federal guidance and standards, assess new technologies,
            and monitor radiation in the environment. EPA also has
            lead responsibility in the Federal government for
            advising all Federal agencies on radiation standards.
            EPA's radiation standards apply to many different types
            of activities involving all types of radioactive material
            (i.e.,  source, byproduct, special nuclear, and naturally
            occurring and accelerator-produced radioactive material
            [NARMI)2.  For some  EPA standards,  implementation and
            enforcement responsibilities are vested in other
            agencies,  such as the NRC and DOE.

            NRC licenses the possession and use of certain types of
            radioactive material at certain types of facilities.
            Specifically, the NRC is authorized to license source,
            byproduct, and special nuclear material; it is not
            authorized to license NARM, although NARM may be
            partially subject to NRC regulation when it is associated
            with material licensed by the NRC. Most of DOE's
            operations are exempt from NRCs licensing and regulatory
            requirements, as are certain Department of Defense  (DOD)
            activities involving nuclear weapons and the use of
            nuclear reactors for military purposes.

            DOE is responsible for conducting or overseeing
            radioactive material operations at numerous government
            owned/contractor- operated facilities. DOE is also
            responsible for managing several inactive sites that
            contain radioactive contamination, such as sites
            associated with the Formerly Utilized Sites Remedial
            Action Program (FUSRAP), the Uranium Mill Tailings
            Remedial Action Program  (UMTRAP), the Grand Junction
            Remedial Action Program  (GJAP), and the Surplus
            Facilities Management Program  (SFMP).  DOE is authorized
            to control all types of nuclear materials at sites within
            its jurisdiction.
       Source material is defined as:  (1) natural uranium, thorium, or any
combination thereof; or  (2)  ores that contain 0.05 percent or more  (by weight)
uranium or thorium. Byproduct material is:  (1) any material made radioactive by
exposure to radiation in the process of producing or using special nuclear
material; or (2) the wastes produced by the extraction or concentration of
uranium or thorium from ore (i.e., uranium or thorium mill tailings). Special
nuclear material is defined as plutonium or uranium enriched in the U-235 or
U-233 isotope.  NARM includes:   (1) a variety of naturally occurring radionuclides
other than uranium or thorium, such as radium in discrete sources or wastes from
mineral extraction industries; or (2) a variety of accelerator-produced
radionuclides mostly used in medicine and in research.
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        •  Other Federal agencies with  regulatory programs
          applicable to radioactive waste  include  the  Department  of
          Transportation  (DOT) and DOD. DOT has issued regulations
          that set  forth packaging, labeling,  record keeping,  and
          reporting requirements for the transport of  nuclear
          material  (see 49 CFR Parts 171 through 179).  Most  of
          DOD's radioactive waste management  activities are
          regulated by the NRC and/or  EPA  (see Section 5.1.1.1 of
          this chapter). However, DOD  has  its  own  program  for
          controlling wastes  generated for certain nuclear weapon
          and reactor operations for military  purposes.  Other
          agencies, such as the Federal Emergency  Management Agency
           (FEMA) and the Department of Interior  (DOI),  may also
          play a role in radioactive waste cleanups in certain
          cases .

        •  States have their own authority  and  regulations  for
          radioactive material and waste.  In  addition,  29  States
           (Agreement States)  have entered  into agreements  with NRC,
          under which NRC has relinquished to  such States  its
          regulatory authority over source, byproduct,  and small
          quantities of special nuclear material.  Both Agreement
          States and Nonagreement States also  can  regulate NARM.
          Such State-implemented regulations  are potential ARARs.

        •  Non-government organizations include the National  Council
          on Radiation Protection and  Measurements (NCRP)  and  the
          International Commission on  Radiological Protection
           (ICRP). The NCRP was chartered by Congress to collect,
          analyze, develop, and disseminate information and
          recommendations about radiation  protection and
          measurements. The ICRP's function is basically the same,
          but on an international level. Although  neither  NCRP nor
          ICRP have regulatory authority,  their recommendations
          serve as the basis  for nearly all Federal and State
          general  (i.e., not  source-specific)  regulations  on
          radiation protection.

        The standards, advisories, and  guidance of  these various groups  are
 designed primarily to be consistent with  each other—they often  overlap  in  scope
 and purpose and incorporate  the same  basic provisions.  Nevertheless, there  are
 important differences between programs in some cases.  It  is important  for these
 differences to be well understood so  that when more than  one  set of  standards is
 potentially applicable or relevant and appropriate to the same CERCLA  site,  the
 lead agency will be able to  evaluate  which standards  are  actually applicable or
 relevant and appropriate. In general,  decisions concerning  what  is an  ARAR  for a
 site contaminated with radioactive waste  will depend  on:  (1)  what type of site it
 is  (defined by the radioactive constituents present and the functional operations
 that generated the site);  (2) whose regulatory jurisdiction the  site falls  under;
 and  (3) which regulation is most protective,  or if relevant and  appropriate, most
 appropriate given site conditions  (see Chapter 1  in Part  I  for discussion of the
 applicable or relevant and appropriate determination).

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         The remainder of this chapter is divided into three main sections that
   separately address the programs of EPA, NRC, and DOE. State programs will be
   addressed in a separate part of this guidance manual. Within each section, the
   discussion focuses on decision criteria for determining when a regulation is an
   ARAR, or when and how advisories or guidance should be considered. Where
   appropriate,  the discussion of each regulation also describes its relationship
   with other regulations in order to help identify where the regulations are in
   conflict and when one regulation should be used over another. For further
   information on radiation standards, advisories, and guidance, the lead agency
   should consult with EPA's Office of Radiation Programs  (ORP) and/or Regional
   Radiation Representatives.

   5.1   EPA PROGRAMS

         EPA's regulatory program for radiation protection is very broad in scope,
   covering many activities involving all types of radioactive material. Section
   5.1.1 discusses those EPA radiation regulations that could be ARARs, and Section
   5.1.2 discusses those EPA advisories and guidance that may be useful to consider
   when cleaning up a radioactively contaminated site.

         5.1.1 Potential EPA ARARs

         Existing EPA regulations that may be applicable or relevant and appropriate
   to CERCLA responses at radioactively contaminated sites include those found in 40
   CFR Parts 61, 141, 190, 192, and 440.3

         5.1.1.1  40 CFR Part 61: National Emissions Standards for Hazardous Air
                  Pollutants : Sta.nda.2rds for RadionucJ.ides

         Pursuant to section 112 of the Clean Air Act, EPA has issued final
   standards for radionuclide emissions to the air as part of the National Emissions
   Standards for Hazardous Air Pollutants (NESHAPs). The radionuclide
       EPA also has environmental standards  (see 40 CER Part  191)  for  the
management and disposal of spent nuclear fuel, high-level, and transuranic wastes
at facilities licensed by NRC or Agreement States, or at DOE-operated  disposal
sites. For most CERCLA sites, Part 191 is not likely to be pertinent and thus is
not discussed here. However, where radium concentrations are  high, it  may be
appropriate to treat the wastes as though they were transuranic; therefore, the
requirements of 40 CFR Part 191 for the storage and disposal  of these  wastes may
be relevant and appropriate. In addition, EPA's regulations in 40  CFR  Part 227
establish criteria that will be used to evaluate a permit application  to dispose
of waste materials, including low-level radioactive waste, in the  ocean. However,
ocean dumping of low-level waste will  (in most cases)  not be  an available waste
disposal alternative because recent amendments to the Ocean Dumping Act require a
joint resolution of Congress before EPA can issue a permit to dispose  of
low-level waste in the ocean. This requirement will make it very difficult to get
approval to dispose of radioactive waste in this manner; therefore, it is
unlikely that 40 CFR Part 227 will be pertinent to CERCLA responses.
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 NESHAPs are presented in  five different  subparts of  Part  61;  each  subpart
 addresses a different source category. Subparts H and  I,  which  address DOE,
 NRC-licensed, and non-DOE Federal  facilities, are most  likely to be  applicable  to
 CERCLA responses. The applicability or relevance and appropriateness  of  all  of
 the radionuclide NESHAPs  are discussed in Section 2.1.2.2  of  Chapter  2 in  this
 Part.

       5.1.1.2  40 CFR Part 141: National Interim Primary  Drinking  Water
                Regulations

       Under the authority of the Safe Drinking Water Act,  EPA has  promulgated
 maximum contaminant levels  (MCLs)  for radionuclides  in  community water systems.
 MCLs for radionuclides have been established in two  forms:  radioactivity
 concentration limits for  certain alpha-emitting radionuclides and  an  annual  dose
 limit for the ingestion of certain beta/gamma-emitting  radionuclides. See  Section
 1.2.4.3 of Chapter 1  ("General Procedures for CERCLA Compliance With  Other
 Statutes") and Section 4.2.1 of Chapter  4  ("Guidance for  Compliance With
 Requirements of the Safe  Drinking Water Act") of Part  I of this guidance manual
 for a discussion on the relevance  and appropriateness  of  drinking  water  MCLs.

       5.1.1.3  40 CFR Part 190: Environmental Radiation Protection Standards for
                Nuclear Power Operations

       These standards, which were promulgated under  authority of the  Atomic
 Energy Act, set limits on radiation doses received by members of the  general
 public from operations within the uranium fuel cycle (i.e., uranium milling,
 production of uranium hexafluoride, uranium enrichment, uranium fuel  fabrication,
 operations of nuclear power plants using uranium fuel,  and reprocessing  of spent
 fuel). Part 190 states that these  operations shall be  conducted in a  manner  that
 limits the annual dose received by any member of the public to  25  millirem to the
 whole body, 75 millirem to the thyroid,  and 25 millirem to any  other  organ.  The
 standards apply to normal operations and planned discharges,  not cleanup actions
 like those conducted under CERCLA. Therefore, 40 CFR Part  190 would  not  be
 applicable to CERCLA responses. The standards, however, may be  relevant  and
 appropriate to releases of radionuclides and radiation during the  cleanup  of
 radioactively contaminated sites. When evaluating the  relevance and
 appropriateness of 40 CFR Part 190, lead agencies should  consider  that the
 standards apply to releases to all media and all potential exposure pathways
  (including direct radiation), but do not apply to doses caused  by  radon  and  its
 daughters.

       5.1.1.4  40 CFR Part 192: Health and Environmental  Protection  Standards for
                Uranium and Thorium Kill  Tailings

       The Uranium Mill Tailings Radiation Control Act  of  1978 (UMTRCA) directed
 EPA to set standards to govern the stabilization, disposal, and control  of
 uranium and thorium mill  tailings. These standards have been  promulgated in  40
 CFR Part 192.

       The standards in Part 192 apply to mill tailings  at  two categories of
 sites:  (1) certain inactive uranium processing sites "designated"  for
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   remedial action under section 102 of UMTRCA;4  and (2)  commercial uranium and
   thorium processing sites licensed by the NRC or States  (see Exhibit 5-1 for the
   standards for each type of site).5 Subparts A  (for long-term internment of
   wastes), B (for lands or buildings with unrestricted use), and C  (supplemental
   standards)  of Part 192 apply to the designated inactive sites. DOE is responsible
   for conducting necessary remedial actions at these sites in order to comply with
   EPA's standards. Subparts D  (for uranium) and E  (for thorium) of Part 192 apply
   to the licensed commercial sites. Enforcement responsibilities for these subparts
   are vested in the NRC or the State that licenses the sites.  The regulations for
   designated inactive sites and licensed commercial sites are similar with respect
   to design standards for control of releases. However, there are no general
   ground-water, closure, and corrective action standards for the inactive sites.
   Ground-water standards for inactive sites have been proposed  (52 Efi 36000,
   September 24, 1987) and are expected to be promulgated in early 1989.6

         Cleanup actions under CERCLA may be taken at licensed commercial uranium or
   thorium processing sites, and Subparts D and E are potentially applicable for any
   CERCLA actions taken at these sites.7  Part 192  also may be relevant and
   appropriate for remedial actions at other CERCLA sites that contain materials
   other than, but sufficiently similar to, uranium and thorium mill tailings  (i.e.,
   radium components of copper, zinc, aluminum and other ore-processing residues,
   contaminated soil, or any other waste-containiug more than 5 picocuries/gram of
   radium). The subsections that follow provide additional discussion on how these
   standards could be ARARs. For further guidance on this subject, lead agencies
   should consult with EPA's Office of Emergency and Remedial Response  (OERR), ORP,
   and Regional Radiation Representatives. Lead agencies should also coordinate with
   OERR and the Office of Solid Waste (OSW) when developing ground-water protection
   standards at uranium and thorium mill tailings sites.
        Title  I,  section 102,  of UMTRCA requires DOE to complete remedial action at
22 specifically named (i.e., designated) inactive sites. It also authorizes DOE to
designate any other processing site in the U.S. that requires remedial action in
order to protect the public health, safety, and environment. DOE has designated two
additional sites for remedial action under this authority.

      5 For  licensed sites,  NRC  or  State requirements would also apply,  and the  NRC
and appropriate State should be consulted.
      6 Under UMTRCA §108(a) (3), DOE must meet the proposed standards until EPA
finalizes the rule.

       In general, the standards in Subparts A, B, and C are applicable for cleanup
actions conducted by DOE at the designated inactive uranium processing sites. DOE's
cleanup actions at the designated inactive sites are conducted under UMTRCA, but not
CERCLA,  because releases of source, byproduct, and special nuclear material from
these sites are excluded from CERCLA1s definition of release (see CERCLA
§101(22)(C)).
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                                  EXHIBIT 5-1

               HEALTH AND  ENVIRONMENTAL PROTECTION STANDARDS
                   FOR URANIUM AND THORIUM MILL  TAILINGS27
  Type of Site
              Requirement
   Citation
  Inactive uranium
  processing sites
  designated for
  remedial action
Performance standards for long-term
effectiveness of remedial actions for
controlling radioactive release.


Design requirements for remedial
actions for controlling releases of
radon-222.

Concentration limits for cleanup of
radium-226 contamination in land at a
processing site.

Concentration limits for cleanup of
radon decay products and gamma
radiation in habitable or occupied
buildings on a processing site.
40 CFR section
192.02(a)
                                                                40 CFR section
                                                                190.02(b)
                                                                40 CFR section
                                                                192.12(a)
                                                                40 CFR section
                                                                192.12(b) (1)  -
                                                                (b) (2)
  Active commercial
  uranium and
  thorium processing
  sites licensed by
  the NRC or States.
  Active commercial
  uranium and
  thorium processing
  sites licensed by
  the NRC or States.
Closure performance standards for
controlling radiological hazards at
disposal areas.
Closure design standards to control
releases of radon-222 at disposal
areas.

Concentration limits for radium-226
contamination in land at a licensed
and/or disposal site.

Ground-water protection standards for
uranium byproduct contamination of
ground water during processing
operations.

Requirements for closure of uranium
and thorium mill tailings sites.

Corrective action requirements for
cleanup of contaminated ground water.
40 CFR section
192.32
(b) (1) (i)
                                                                40 CFR section
                                                                192.32
                                                                (b) (1) (ii)

                                                                40 CFR section
                                                                192.32(b) (2)


                                                                40 CFR section
                                                                192.32 (a) (2)
40 CFR section
192.32 (b)

40 CFR section
192.33
 a/     Uranium Mill Tailings Radiation  Control Act  of  1978  ( UMTRCA)

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       Standards  for Inactive Uranium  Processing  Sites

       The standards for inactive uranium processing  sites  are  organized  into
 control standards, standards for cleanup, and  supplemental  standards.  Each  set
 of standards is  summarized below.

       Control Standards. The purpose  of the control  standards  set  forth  in  40
 CFR Part 192 Subpart A is to provide  for long-term stabilization and  isolation
 in order to inhibit misuse and  spreading of residual radioactive materials,11
 control releases of radon to air, and protect  ground water  and surface water.
 The standards for stabilization/isolation and  radon  releases are referenced in
 Exhibit 5-1; with respect to surface- and ground-water protection,  the
 standards state  that existing Federal and State  regulations should be used  and
 site-specific measures applied  where  needed.

       Cleanup Standards. The standards set forth in  40 CFR  Part 192 Subpart B
 apply to the cleanup of residual radioactive material from land and buildings.

       The purpose of the standards  for land cleanup  is to  limit the risk from
 inhalation of radon decay products  in houses built on land  contaminated  with
 tailings, and to limit gamma radiation exposure  of people  using contaminated
 land. The specific standards are referenced in Exhibit 5-1. It is  important to
 clarify that the land cleanup standards apply  to "dispersed tailings," i.e.,
 windblown or buried tailings on the processing site but  separate from the
 tailings pile itself. When tailings have been  transported  off  the  processing
 site, cleanup of the off-site area  to the levels described  above also would be
 required.

       The objective of the cleanup  standards for buildings  is  to reduce
 elevated indoor  levels of radon decay products and gamma radiation due to
 residual radioactive material.  Section 192.20(b)(3)  states  that remedial
 actions are not  required to comply  with the cleanup  standards  when there is
 reasonable assurance that residual  radioactive materials are not the  cause  of
 an exceedance of the standards. Section 104(a)(3)(A) and  (B) of CERCLA as
 amended by SARA  prohibits response  to releases of a naturally  occurring
 substance "in its unaltered form" or  "from products which  are  part of the
 structure of ... residential buildings or business or community structures."
 While radon is a naturally occurring  substance,  the  radon  cleanup  standard  in
 Part 192 is for  increased radon levels created by man  (i.e., from  uranium mill
 tailings), not natural releases from  an unaltered form.  Similarly,  the radon
 that is the subject of the standards  is not from products  that are part  of  the
 building's structure. Therefore, the  cleanup standards for buildings  may be
 ARARs for CERCLA responses to increased radon  levels created by human
 activity.

       Supplemental Standards. As set  forth in  40 CFR Part  192  Subpart C,
 alternative site-specific standards may be established under some  special
  8 In the UMTRCA context, the term "residual radioactive material" means
  tailings and other waste that  result  from  the processing  of  ores  for  the
  extraction of uranium.

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 circumstances that allow the  selection  and performance  of  remedial  actions
 that come as close as  reasonably achievable  to meeting  the more  stringent
 standards discussed above.  In general,  these supplemental  standards are  not
 expected to be used often;  they were provided for  situations  in  which  worker
 safety is an issue  (such as remedial actions in  the vicinity  of  steep  cliffs
 or ravines), or  for situations in which the  materials do not  pose a clear
 present or future hazard and  improvements could  be achieved only at
 unreasonably high cost. The supplemental standards should  be  used only when
 any of the following circumstances  exist  (see 40 CFR section  192.21 for  more
 detail):

              (a)   Remedial  actions  "would pose a clear  and present
                   risk of injury to workers  or to  members  of  the
                   public notwithstanding reasonable measures  to
                   avoid or  reduce risk;"

              (b)   Remedial  actions  would create  environmental harm
                   that is "... long-term, manifest, and grossly
                   disproportionate  to health benefits that may
                   reasonably  be anticipated;"

              (c)   The  estimated costs of cleaning  up land  are
                   unreasonably high relative to  the long-term
                   benefits, and the residual radioactive materials
                   do not pose a clear present or future hazard;

              (d)   The  cost  of cleaning  up a  building is clearly
                   unreasonably high relative to  the benefits;

              (e)   There is  no known remedial action; and

              (f)   Radionuclides other than radium-226 and  its
                   decay products are present in  significant
                   quantities  and concentrations.

 To assure remedies are adequately protective, the  lead  agency should use caution
 when considering the supplemental standards  and  should  consult with OERR, ORP,
 and Regional staff before adopting  supplemental  standards  for a  CERCLA site.
 Although formal  guidance on the use of  these supplemental  standards has  not been
 prepared, there  are several ORP memoranda that address  this issue.9

       Standards  for Licensed  Commercial Sites

       As noted previously,  the standards for licensed commercial sites are
 similar to those for inactive sites. However, the  standards for  licensed
 commercial sites address ground water and include  the general design,
  9 For example, a memorandum from Allan Richardson  (ORP) to William Librizzi
  (Emergency and Remedial Response Division), dated  February  21,  1985,  concerning
  the applicability of  secondary  standards  to the Montclair/West  Orange and  Glen
  Ridge Radon sites.
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 construction, operation, closure, and corrective action  requirements  spelled  out
 under RCRA.  For example, these standards  require surface impoundments  to be
 designed and constructed in compliance with  40 CFR  section  264.221, mill tailings
 to be managed so as to comply with the ground-water protection  standard of 40  CFR
 section 264.92, and disposal areas at the end of the closure period to comply
 with the closure performance standard of  40  CFR section  264.111. These standards
 supplement the ground-water protection standards under RCRA by  adding  the
 elements molybdenum and uranium to the list  of hazardous constituents  referenced
 in 40 CFR section 264.93 and by specifying concentration limits  for
 radioactivity. For a discussion of the applicability or  relevance  and
 appropriateness of RCRA requirements, see Chapter 2 of Part I.

       5.1.1.5     40 CFR Part 440: Guidelines and New Source Performance
                   Standards for Ore Mining and Dressing  Point Source  Category
                   Effluent Limitations

       Subpart C of 40 CFR Part 440 establishes radionuclide concentration limits
 for liquid effluents from facilities that extract and process uranium, radium,
 and vanadium ores. These standards are applicable to surface-water discharges
 from certain kinds of mines and mills; they  also may be  relevant and  appropriate
 to CERCLA actions involving discharges to surface waters of radioactively
 contaminated waste from other kinds of sites. These standards are  more stringent
 than the NRC's concentration limits for discharges  of uranium and  radium to
 unrestricted waters  (see 10 CFR Part 20, Appendix B, Table  II).  Therefore, when
 both 40 CFR  Part 440 and 10 CFR Part 20 may  be ARARs for the same  site, the lead
 agency should apply the concentration limits in 40  CFR Part 440.

       5.1.2  EPA Advisories and Guidance To Be Consider

       EPA has published several advisories and/or pieces of guidance  that may  be
 useful for the lead agency to consider when  conducting CERCLA responses at
 radioactively contaminated sites. Some of these are described briefly  below:

       •      "A Manual of Protective Action Guides and Protective
              Actions for Nuclear Incidents,"  EPA-520/1-75-001  (this
              document is in a loose-leaf binder form that is
              periodically updated) provides practical guidance to
              State, local, and other officials on criteria to use
              in planning protective actions for radiological
              emergencies that could present a hazard to the  public.
              Interim agency recommendations are available for
              evacuation, temporary sheltering, and food
              replacement; guidance is also being developed for
              longer-term evacuation and decontamination.  For
              further guidance on the use of this document, the lead
              agency should contact EPA's ORP.

       •      A series of publications on techniques  for reducing
              indoor radon levels  (for example, "Radon Reduction
              Techniques for Detached Houses -- Technical  Guidance,"
              EPA/625/5-86/019,
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             June  1986)  focus on temporary mitigation
             techniques—not techniques  for  removing contaminated
             soil.

        •     "Technological Approaches to Cleanup  of Radiologically
             Contaminated Superfund Sites,"  published on May
             23,  1988, identifies technologies potentially useful
             in removing the threat of radioactivity from Superfund
             sites that  contain radionuclides.

        •     "Guidance on the Definition and Identification of
             Commercial Mixed Low Level  Radioactive and Hazardous
             Waste" provides guidance on when and  how RCRA should
             apply to the management of  low-level  radioactive
             waste.  (The document, published jointly in January
             1987 by EPA and NRC, appears as an attachment to a
             March 2, 1987, memorandum from  OSW Director Marcia
             Williams to the Directors of EPA's Regional Hazardous
             Waste Divisions.)

        •     "Suggested  Guidelines for the Disposal of Naturally
             Occurring Radionuclides Generated by  Drinking Water
             Treatment Plants," draft report prepared by the
             Radionuclide Waste Disposal Workgroup for EPA's Office
             of Drinking Water, January  1988. This document
             provides guidance to water  suppliers  and to State and
             local governments for the proper handling and disposal
             of waste byproducts from treatment facilities removing
             naturally occurring radionuclides from drinking water.
             This guidance may be useful for CERCLA actions
             involving ground-water extraction and treatment
             because naturally occurring radionuclides may
             concentrate in the treatment medium thus requiring
             special precautions for disposal.10

 5.2   NRC PROGRAMS

       The NRC licenses  the possession and use of  source, byproduct,  and
 special nuclear material. The approximately 9,000 NRC licensees cover  a wide
 spectrum in terms of the quantity of radioactive  material possessed  and the
 complexity of their operations. An extensive regulatory program exists to
 control the nuclear material operations of  these  licensees. As discussed in
 Section 5.2.1 many of the NRC's regulations are potential ARARs and, as
 discussed in Section 5.2.2, many NRC advisories and guidance materials would
 be useful to consider during CERCLA actions at radioactively contaminated
 sites.
     10 A joint OERR/ORP project is underway to  study potential problems  created
 when naturally occurring radionuclides are collected  and  concentrated in
 treatment systems used in Superfund  remediations.
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       5.2.1 Potential NRC ARARs

       The NRC regulations that likely will have  the  greatest bearing  on  CERCLA
 responses are those contained in  10 CFR  Parts  20  and 61. These  regulations  are
 discussed in Sections 5.2.1.1 and 5.2.1.2. Several other NRC regulations,
 however, may also be important, including those  found in 10 CFR Parts  30, 40,
 and 70. These other regulations are discussed  in  Section 5.2.1.3.  Key  sections
 of all of these NRC regulations are summarized in Exhibit  5-2."

       5.2.1.1  10 CFR Part 20: Standards for Protection Against Radiation

       These standards are designed to limit radiation hazards caused by  NRC-
 licensed activities. They apply to all NRC licensees,  regardless of the  type
 or quantity of nuclear material possessed or the  type of operations conducted.
 Part 20 contains many substantive requirements that  may have a  bearing on
 CERCLA responses, including permissible  dose levels  (in terms of the  general
 public's exposure to radiation),  radioactivity concentration limits for
 effluents, precautionary procedures, and waste disposal requirements.

       In general, 10 CFR Part 20  may be  applicable to CERCLA actions  at  NRC-
 licensed facilities. Part 20 also may be relevant and appropriate to  CERCLA
 actions at radioactively contaminated sites not  licensed by the NRC. However,
 although numerous technical and administrative changes have been made  to the
 standards since they were first developed in the  late 1950's, Part 20  is now
 undergoing major revisions that will incorporate  current developments  in
 radiation protection principles  (a proposed revision to Part 20 was published
 on January 9, 1986, 51 FR 1092).  The proposed  revisions to 10 CFR Part 20
 should be considered when developing a protective remedy. When  promulgated,
 these revisions would be potential ARARs.

       The following sections summarize the provisions in Part 20 that
 establish permissible levels of radiation in unrestricted  areas,  concentration
 limits for discharges to unrestricted areas, and  waste disposal requirements;
 the specific limits set by these  provisions are  listed in  Exhibit 5-2. These
 provisions probably are the most  important to  CERCLA actions, but lead
 agencies should be aware that other provisions in Part 20  are also potential
 ARARs.

       Permissible Levels of Radiation in Unrestricted Areas

       Part 20 establishes a general requirement  that persons engaged  in  NRC-
 licensed activities make every reasonable effort  to  maintain radiation
 exposures "as low as is reasonably achievable" (ALARA). In addition,  Part 20
 establishes several specific radiation dose limits for the protection  of
 workers and members of the public (see Exhibit 5-2).  The dose limits  that
     11 Additional NRC regulations in  10 CFR  Part  60, which  govern  the  disposal
 of high-level radioactive wastes in  geologic  repositories,  are  not  likely  to
 be pertinent to CERCLA actions and thus are not  discussed  in  this chapter.
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                                  EXHIBIT 5-2
              SELECTED NUCLEAR REGULATORY  COMMISSION REQUIREMENTS
                       FOR RADIOACTIVE WASTE MANAGEMENT3/
       Action
                                Requirement
   Citation
  Protection of     Variety  of radiation exposure limits
  workers in        including dose limit of 1.25 rem/quarter
  restricted areas  to whole body.
  Protection of
  the public
                 Radiation exposure limited to:


                 •   Whole  body dose of 0.5 rem/year;

                     0.002  rem/hour;

                 •   0.1 rem  in any 7 consecutive days;
                     and

                     The dose limits in 40 CFR Part 190
                     for uranium  fuel cycle operations.

Discharge  to  air  Discharges must meet
and water         radionuclide-specific  concentrations
                 limits in 10 CFR Part  20,  Appendix B
  Waste treatment
  and disposal
                                                           10 CFR section
                                                           20.101-20.104
10 CFR section
20.105
                                                              10  CFR section
                                                              20.106
                 Various waste disposal requirements are    10 CFR section
                 set that include concentration  limits for  20.301 and
                 disposal into sewers and for               20.302(a)
                 incineration.
  a/  These standards are  applicable to  all categories of NRC
 licensees and  to Agreement  State licensees. Thus,  they are
 potentially applicable  only for CERCLA actions  at  sites  licensed by
 the NRC, but may be relevant and appropriate to other radioactivity
 contaminated sites.
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 apply to members of the public are  considered high  relative  to  recent  EPA
 standards  (e.g., 40 CFR Parts 61 and  190)  and may,  depending on the
 circumstances at the  site, be superceded by more  stringent ARARs.  The  levels
 are based  on the "Radiation  Protection  Guidance to  Federal Agencies  for  the
 General Population,"  published by the Federal Radiation  Council in 1960  (25 FR
 4402), which is currently being reviewed by EPA in  concert with other  Federal
 agencies.

       Lower dose limits currently apply to most radionuclide releases  from NRC
 licensees. For example, 10 CFR section  20.106(g)  incorporates the  provisions
 of 40 CFR  Part 190, which establish significantly lower  dose limits  for  all
 releases from NRC-licensed operations within the  uranium fuel cycle  (see
 Section 5.1.1.3 of this chapter). Also, airborne  releases from  NRC licensees
 must not result in doses that exceed  the limits set forth in the NESHAPs for
 radionuclides  (see Section 5.1.1.1  of this chapter).

       Radioactivity in Effluents to Unrestricted  Areas

       Section 20.106  establishes concentration limits for numerous
 radionuclides in airborne and liquid  effluents to unrestricted  areas.  These
 limits are for annual average concentrations and  do not  apply to disposal of
 radioactive material  into sanitary  sewerage systems. The NRC may in  some cases
 approve discharges of higher concentrations of radionuclides based on  analysis
 of the discharge rate, properties of  the effluents,  anticipated human
 occupancy  of the receiving area, background concentration of radionuclides,
 and other  site-specific features.

       Several EPA standards, which  establish more protective levels, should be
 used instead of the concentration limits in Part  20--if  the  EPA standards are
 ARARs. Specifically,  the effluent limitations in  40 CFR  Part 440 for radium-
 226 and uranium are more protective than the liquid effluent concentration
 limits in  10 CER Part 20. The radiation dose limits in 40 CFR Parts  61 and 190
 are also lower than the doses on which  the Part 20  concentration limits  are
 based, such that the  annual  average concentrations  in airborne  and liquid
 discharges may have to be lower than  those specified in  section 20.106 in
 order to comply with  40 CFR  Parts 61  and 190.

       Waste Disposal  Recruireinents

       Part 20 allows  NRC licensees  to dispose of  radioactive wastes  in several
 different  ways, including by:

     •    transfer to another NRC licensee that is specifically
         authorized to receive it;

     •    discharge to the sanitary sewer, subject to certain limits
         spelled out in 10  CFR section 20.303  and EPA's radiation
         standards in 40 CFR Part 190;

     •    discharge into the ambient air or water,  subject to the
         concentration limits  set forth in 10  CFR section 20.106
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         and EPA's radiation standards in 40 CER Parts 61 and 190;
         or

     •    any other method specifically authorized by NRC under
         section 20.302.  Site-specific factors that NRC considers
         when authorizing alternate waste disposal methods include
         the kinds and quantities of radioactive materials
         involved, geological and hydrological characteristics,
         local surface- and ground-water uses, and the nature and
         location of other potentially affected facilities.

       5.2.1.2   10  CFR Part  61:  Licensing Requirements for Land  Disposal  of
                 Radioactive  Waste

       NRC  regulations in  10 CFR Part  61 establish  the procedures,  criteria,
 and terms  and  conditions  that apply to the  issuing of licenses  for the land
 disposal of  radioactive waste received from other  persons.  The  regulations are
 applicable to  any  new land  disposal facility licensed by  the NRC (where  a new
 facility is  defined  as a  facility  for which a license application  is  submitted
 after December 27, 1982). Part  61  is  applicable  to existing licensed  low-level
 waste disposal sites  at license renewal, but it  is not  applicable  to
 previously closed  sites,  including existing CERCLA sites  containing low-level
 radioactive  waste. The performance objectives and  technical requirements may
 be relevant  and appropriate to  existing CERCLA sites containing low-level
 radioactive  waste  if  the  waste  will be permanently left on  site.12  However,
 radioactive  wastes at CERCLA  sites often fall outside the definition  of  wastes
 covered by Part 61,  particularly when naturally  occurring and
 accelerator-produced  radioactive material  (NARM) is  involved.

       5.2.1.3   10  CFR Parts 30, 40, and 70:  Domestic Licensing  of  Byproduct,
                 Source, and  Special Nuclear  Material

       Parts  30,  40,  and 70  contain licensing requirements for the  possess ion
 and use of byproduct, source, and  special nuclear  material, respectively.
 Activities associated with  the  generation,  treatment, and storage  of  wastes
 containing these materials  are  licensed under each of these Parts,  subject to
 the radiation  protection  standards in 10 CFR Part  20. Disposal  of  these  wastes
 is regulated under 10 CFR Parts 20 and 61,  discussed above.

       One  section  of  these  regulations that is particularly noteworthy is 10
 CFR Part 40, Appendix A.  Appendix  A incorporates the basic  provisions of
 Subparts D and E of  40 CFR  Part 192,  and its health-based limits are  entirely
      12 EPA Will soon propose new environmental  standards  for  the management,
 storage, and disposal of low-level  radioactive waste  and certain NARM  wastes
  (40  CFR Part 193). As of the writing of  this guidance manual,  these proposed
 standards were undergoing EPA's internal  (Red  Border) review process.  Once  the
 EPA  standards are promulgated, the  NRC will make necessary conforming
 amendments to Part 61. Also, lead agencies should  consider the proposed  EPA
 standards in developing protective  remedies once the  standards are published.
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 consistent with those in that and  other EPA  regulations. Appendix A,  however,
 contains many provisions that are  not  in  40  CFR  Part  192,  such  as detailed
 siting, design, and monitoring  requirements.  The latest  revision to  10  CFR
 Part 40, Appendix A, was promulgated on November 13,  1987  (52 FR 43553);  this
 revision addresses, at least in part,  EPA's  ground-water protection
 requirements found in 40 CFR Part  192.

        Parts 30, 40, and 70 may  be  applicable to  CERCLA actions  at sites
 licensed under the respective parts. In addition,  Parts  30,  40, and  70  may  be
 relevant and appropriate to other, non-licensed  sites that contain radioactive
 contamination.

        5.2.2 NRC Advisories and  Guidance To Be Considered

        The NRC has published numerous advisories  and guidance materials  (e.g.,
 Regulatory Guides, Technical Position  Papers,  and NUREG  documents) that are
 not ARARs but may be useful to  consider when conducting  CERCLA  responses  at
 radioactively contaminated sites.  Example advisories  and guidance that  may  be
 most useful are discussed below.

        "Disposal or On-site Storage of  Residual Thorium or  Uranium  (Either as
 Natural Ores or Without Daughters  Present) from  Past  Operations," is  a
 technical position paper published by  the NRC's  Uranium  Fuel Licensing  Branch
 on October 23, 1981  (46 FR 52061). This technical position paper provides
 guidance on five on-site disposal  and  storage options. For the  different
 options, there are progressively higher concentration limits for residual
 radioactivity, with progressively  more restrictive controls placed on sites
 with higher concentrations. Option 1 establishes concentrations of natural
 thorium, depleted or enriched uranium, and uranium ores  that the NRC  staff
 believes are low enough to be buried without restrictions  on the burial
 methods. The concentration limits  for  this option were developed to be
 consistent with EPA's cleanup standards in 40 CFR Part 192 (see Section
 5.1.1.5 of this chapter). EPA cautions, however,  that this technical  position
 paper  is only guidance and, in  places  where  the  guidance may be less
 protective or in conflict with  40  CFR  Part 192,  Part  192 should take
 precedence.

        NUREG-1101, "On-site Disposal of Radioactive Waste," provides  guidance
 to licensees seeking authorization (under 10 CFR section 20.302) to dispose of
 small  quantities of radioactive material by  on-site subsurface  disposal.  In
 particular, this guidance identifies application information to be submitted
 to the NRC, disposal methods and techniques  acceptable to  NRC staff,  limiting
 conditions for disposal of different categories  of radionuclides, and the
 technical methodology NRC staff will use  to  evaluate  requests for approval  of
 on-site burial. At present, three  volumes of this guidance have been  published
 and a  fourth is in preparation. Agencies  that may use this guidance  are
 cautioned, however, that EPA's  low-level waste disposal  standards once
 proposed will be more restrictive  (see footnote  12 for more detail on these
 forthcoming EPA standards).

        Regulatory Guide 1.86, "Termination of Operating Licenses for Nuclear
 Reactors," provides surface radioactivity and dose rate  criteria for
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 determining when  facilities and equipment can be  released  for unrestricted
 use. The criteria in this guide are the  same as those published  separately by
 the NRC's Division of Fuel Cycle and Material Safety in July 1982  ("Guidelines
 for Decontamination of Facilities and Equipment Prior to Release for
 Unrestricted Use  or Termination of Licenses for Byproduct, Source,  or  Special
 Nuclear Material"). This guidance would  be useful in assessing the  hazards of
 residual radioactivity concentrations in equipment or in buildings; it should
 not be used to evaluate the concentrations in contaminated land  or  buried
 waste. Also, lead agencies are cautioned that the concentration  limits in this
 guidance are quite old; however, no other guidance in this area  currently
 exists. New residual radioactivity criteria are currently  being  developed by
 EPA's ORP, but these criteria are not expected to be promulgated until 1991.

       The NRC has published several reports that  discuss regulatory controls
 for NARM. Because existing controls for  NARM are  fragmentary and non-uniform
 on both the Federal and State level, these reports may be  useful in
 identifying ARARs for NARM waste at CERCLA sites. Two relatively recent
 reports that may be most useful in this  regard are:  (1) "Naturally  Occurring
 and Accelerator-Produced Radioactive Materials—The 1987 Review," by the NRC's
 Office of Nuclear Material Safety and Safeguards; and  (2)  "Regulation  of
 Naturally Occurring and Accelerator-Produced Radioactive Materials: An
 Update," NUREG-0976, October 1984.

       The NRC's Division of Low-Level Waste Management and Decommissioning has
 published a draft Technical Position Paper entitled "Environmental  Monitoring
 of Low-Level Radioactive Waste Disposal  Facilities"  (September 1987).  The
 purpose of this paper is to provide guidance, developed in accordance  with 10
 CFR Part 61, to license applicants, licensees, and regulatory authorities with
 respect to the monitoring of low-level waste facilities. This document
 presents the NRC  staff's opinion on technical requirements for site
 environmental monitoring, as well as a rationale  for the need and use  of the
 types of monitoring suggested.

       Finally, Appendix E of Revision 1  to NUREG-1213, "Plans and Schedules
 for Implementation of U.S. Nuclear Regulatory Commission Responsibilities
 Under the Low-Level Radioactive Waste Policy Amendments Act of 1985,"  lists
 numerous NRC publications on low-level waste disposal. The documents listed
 might be of interest to technical staff  developing remedial action
 alternatives and designs.

 5.3   DOE PROGRAMS

       As noted in the introduction of this chapter, most of DOE's operations
 are exempt from NRC's licensing and regulatory requirements. DOE's
 requirements for  radiation protection and radioactive waste management are
 spelled out in a  series of internal DOE  orders. These orders, which are issued
 under the authority of the Atomic Energy Act and  other statutes, have  the same
 force for DOE facilities or "within DOE" as does  a regulation. The
 requirements in the orders are legally enforceable by DOE  against contractors
 that operate DOE  installations; the orders do not apply to sites outside of
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       The DOE orders are not promulgated  requirements  and  are  not  potential
 ARARs. The orders have been developed  for internal  DOE  use and are applicable
 only  to DOE  facilities. DOE orders  are not subjected to public review  and
 comment before issuance, and they are  legally binding  only because of
 contractual  arrangements between DOE and  its contractors  (i.e.,  they are not a
 matter of public law).

       Because DOE's orders typically incorporate  requirements  promulgated  by
 other Federal agencies, the orders  should be consistent with existing
 regulations. To the extent that DOE orders are more stringent  or cover areas
 not addressed by existing ARARs, they  should be considered when necessary  to
 develop a protective remedy.

       The most important DOE order  concerning radiation protection and
 radioactive  waste management is DOE 5400.3, "Radiation  Protection  of the
 Public and the Environment." DOE 5400.3 will integrate, consolidate, and
 update existing DOE requirements.13  As  of  early  1989, DOE  5400.3 was undergoing
 final internal review.

       DOE 5400.3 will establish broad  standards and requirements designed  to
 protect the  public and environment  against undue  risk  from radiation released
 from  routine DOE activities and remedial  actions. For  example,  it  will
 establish the following radiation exposure limits for members  of the public:

       •    an effective dose equivalent of less  than 100
            millirem/year (all  exposure pathways  considered);14

       •    a dose  of less  than 5 rem/year to any organ   (all
            exposure  pathways considered);

       •    doses  of  less than  25 millirem/year to the whole body
            and 75  millirem/year to any organ (only airborne
            emissions and exposure pathways considered);15

       •    doses  of  less than  25 millirem/year to the whole body
            and 75  millirem/year to any organ (all exposure
            pathways
      13 Existing DOE  requirements  for  radiation protection  are  found  in,  among
 other places, Chapter  11 of DOE  Order  5480.IB,  as  amended by  a memorandum from
 William A. Vaughan, Assistant Secretary  of  the  Office  of  Environment,  Safety,
 and  Health, to the  DOE  Program Offices  (August  5,  1985).  This memorandum
 incorporated new radiation standards for protection  of the public in  the
 vicinity of DOE facilities.

      14 The effective dose equivalent  is a weighted  average of  committed dose
 equivalents for specific organs.  It  provides a  measure of the overall  (i.e.,
 whole body) carcinogenic and genetic effects resulting from a radionuclide
 exposure.

      15 Consistent with  limits established by EPA into CFR  Part 61.

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            considered,  but only for releases from facilities that
            manage and store spent nuclear fuel, high-level, and
            transuranic wastes);16

        •    an effective dose of less than 4 millirem/year  (only
            the drinking water pathway considered);17  and

        •    DOE personnel and contractors shall strive to ensure
            that radiation doses to members of the public are as
            low as reasonably achievable below the appropriate
            limits.

        In addition to establishing  radiation  exposure limits  for  individual
 members of the public,  DOE  5400.3  is expected  to  include derived concentration
 guides  (DCGs)  for discharges  of  radioactively  contaminated liquids  to  surface
 waters, aquifers, soil,  and sanitary sewerage  systems. Furthermore,  the  order
 may establish  criteria  for  limiting radiation  doses  to aquatic organisms, as
 well as radiological monitoring  requirements and  requirements  for detecting
 and assessing  unplanned releases of radioactive material and the consequences
 of such releases. Also,  one chapter of  DOE  5400.3 may include  detailed
 guidelines for residual radioactive material at DOE  sites  within the Formerly
 Utilized Sites Remedial Action Program  and  Remote Surplus  Facilities
 Management Program. These guidelines may  incorporate most  of the same  control
 and cleanup provisions  of 40  CFR Part 192,  as  discussed in Section  5.1.1.4.
 The order will be supported by technical  documents providing factors used to
 estimate external and internal doses received  from exposure  to radiation or
 radioactive materials,18 as  well  as expanded requirements  and guidance  on
 effluent and environmental  monitoring.

     DOE has also  published an interpretive rule in 10 CFR Part  962 that
 clarifies DOE's  obligations under  RCRA  with  regard to radioactive waste
 containing byproduct material owned or  produced by DOE  (52  FR  15937, May 1,
 1987). The rule  states  that all  DOE radioactive waste defined  as hazardous
 under  RCRA is  subject to regulation under both RCRA  and the  Atomic  Energy Act;
 the nonradioactive hazardous  component  of the  waste  substance  is subject to
 regulation under RCRA,  and  the actual radionuclides  dispersed  in the waste
 substance are  subject to regulation under the  Atomic Energy  Act.  When  the
 application of both regulatory regimes  proves  conflicting  or inconsistent in
 specific instances, RCRA yields  to the  Atomic  Energy Act  (i.e.,  the Atomic
 Energy Act requirements should take precedence).
     16 Consistent with  limits established by  EPA  in  40  CFR Part  191.

     17 Consistent with  limits established by  EPA  in  40  CFR Part  141.

     18 DOE draft reports:  "Internal  Dose Conversion  Factors  for  Calculation
 of Dose to the Public" and  "External  Dose-Rate Conversion Factors  for
 Calculation of Dose to the  Public." EPA's  ORP is preparing  analogous dose
 conversion factors to be  published  in Federal Guidance Report No.  11.


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                                    CHAPTER 6

                      POTENTIAL ARARs FOR CERCLA ACTIONS AT
                       MINING, MILLING, OR SMELTING SITES

 6.0   INTRODUCTION

       In some ways, mining sites are unique with  respect  to  other  CERCLA  sites
 because of the nature and volume of the wastes  and the  surface  area  of  the
 sites. Several laws and statutes, described below, apply  specifically to
 mining sites, namely the Uranium Mill Tailings  Radiation  Control Act (UMTRCA) l
 and the Surface Mining Control and Reclamation  Act  (SMCRA).  Legislation
 described in other chapters may also contain potential  ARARs. For  example,
 Maximum Contaminant Levels promulgated under the  Safe Drinking  Water Act
  (SDWA) will generally be relevant and appropriate when  mining wastes have
 contaminated ground water that is a current or  potential  drinking  water
 supply. Federal Water Quality Criteria developed  under  the Clean Water  Act
  (CWA) may be ARARs if mining waste has contaminated a stream, depending on  the
 designated use of the stream. The policies and  considerations used to
 determine whether a requirement is applicable to  or relevant and appropriate
 for a mining site are essentially the same as those used  to  make that
 determination for any CERCLA site. State standards for  cleanup  of  abandoned
 coal mines may also be ARARs depending upon the circumstances at a particular
 site.

       This chapter is organized into two major  sections.  Section 6.1 discusses
 potential ARARs under SMCRA, and because RCRA is  an important source of
 potential ARARs for CERCLA actions at mining sites, Section  6.2 addresses the
 requirements under Subtitles C and D of RCRA as potential ARARs for  the
 cleanup of mining sites under CERCLA. The process for determining  ARARs under
 RCRA, however, is somewhat complicated by the fact that certain mining  wastes
 are excluded from the RCRA definition of hazardous waste.

 6 . 1   SURFACE MINING CONTROL AND RECLAMATION ACT

       SMCRA, 30 USC §§1201 et sea. , establishes a nationwide program for  the
 protection of human health and the environment  from the adverse effects of
 surface coal mining operations, current and past.2 Pursuant  to  SMCRA, the
 Department of the Interior, Office of Surface Mining, has promulgated
 standards for surface mining activities  (30 CFR Part 816) that  may be relevant
 and appropriate to mining sites on the NPL.

     Requirements  under SMCRA may be  applicable  to  CERCLA cleanup of sites
 associated with abandoned coal mines and may be relevant  and appropriate  to
      1 Standards developed under UMTRCA  for  stabilization, disposal,  and
 control of uranium and thorium mill tailings are discussed  in  Chapter  5  of
 Part II of this guidance manual.

      2 Surface effects of underground coal mining are also covered.

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 cleanup of other types of mining  sites  under  CERCLA.  (See  Section  1.2.4.3  of
 Chapter 1 of Part  I  for  further guidance  on how  to  determine  whether  a
 requirement is  relevant  and  appropriate).  The requirements found in 30  CFR
 Part  816 may be relevant and appropriate  for  CERCLA actions at  mining sites
 when,  for example:

        •    The  site contains geologic materials containing
            sulfides,3 and there is a  release or threat  of a
            release of acid.  Such a release could mobilize a
            related release  of acid-soluble metals that are
            hazardous substances,  thus disrupting the hydrologic
            balance and adversely affecting aquatic and other
            resources. In such situations,  30 CFR Part 816
            requirements that boreholes and shafts be sealed to
            prevent drainage from entering ground water, and that
            the  drainage be  treated to reduce toxic content, may be
            relevant and appropriate.   (See 30 CFR sections
            816.4 (b),   (d), and (f) ) .

        •    The  site is subject to erosion  (due to steep slopes and
            often arid conditions in mining areas) and thus
            releases from soils or wastes are contaminated by heavy
            metals.  In such  cases,  revegetation requirements (30
            CFR  section 816.111)  may be relevant and appropriate,
            for  example,  to  protect a cap at a  CERCLA mining site
            from erosion and to prevent further releases of arsenic
            or  heavy metals.  Also,  see 30 CFR section
            816.41(f)(1)(i)  for requirements regarding burying
            materials that may be detrimental to vegetation.

 6.2    RESOURCE  CONSERVATION  AND RECOVERY  ACT

        Under RCRA §3001(b),  EPA is  temporarily prohibited from regulating
 "solid waste from  the extraction,  beneficiation,  and processing of ores and
 minerals" as hazardous waste, pending study and  further  regulation by EPA
 (this  exclusion of wastes is  known as the Bevill  Amendment).  Therefore, unless
 EPA has specifically listed  a certain mining  waste  or  waste stream in a formal
 rulemaking, Subtitle C requirements  are not applicable to  mining wastes nor to
 soil  and debris wastes contaminated  with  mining  wastes,  since the
 contamination does not derive from a RCRA hazardous  waste.  This is true even
 if a  waste would otherwise be considered  a characteristic  hazardous waste.

        For many  of  the wastes  that  result  from the extraction  and beneficiation
 of ores and minerals, EPA has determined  that regulation of these  wastes under
  3 Sulfide-containing materials are found at coal sites, as well as at many
  "hard rock" mining, milling,  and  smelting  sites  that  are  being  addressed
  pursuant to CERCLA.
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 Subtitle C is not warranted  at  this  time.d Therefore, Subtitle C requirements
 are not applicable to these  wastes.  In  addition,  since  EPA has made  a  formal
 decision that regulation of  these wastes  under  Subtitle C  is  not warranted,
 Subtitle C requirements for  hazardous waste will  generally not be  relevant  and
 appropriate to these wastes. To the  extent that the  circumstances  at the  site
 differ from general site characteristics  that formed the basis of  the  decision
  (see 51 FR 24496), a different  approach may be  taken, and  certain  Subtitle  C
 requirements may be relevant and appropriate.

       For wastes that result from the processing  of  ores and  minerals,  EPA  has
 started to relist as hazardous  certain  processing wastes that were initially
 suspended under the Bevill Amendment. On  September 13,  1988  (see 53  FR 35412),
 the Agency promulgated a final  rule  to  remove the suspensions for  the
 following six smelting wastes:

            K064  — Acid Plant Slowdown Slurry/Sludge Resulting
            from the Thickening of Slowdown Slurry at Primary
            Copper Smelting and Refining Facilities;

       •    K065  — Surface Impoundment Solids Contained in and
            Dredged from Surface Impoundments at Primary Lead
            Smelting Facilities;

       •    K066  — Sludge  from Treatment of Process Wastewater
            and/or Acid Plant Slowdown at Primary Zinc Smelting and
            Refining Facilities;

       •    K088  — Spent Potliners  from Primary Aluminum Reduction
            Facilities;

       •    K090  — Emission Control  Dust or Sludge from
            Ferrochromiumsilicon Production Facilities; and

       •    K091  — Emission Control  Dust or Sludge from
            Ferrochromium Production  Facilities.

 As a result of this rulemaking,  these six wastes  are now listed as RCRA
 hazardous wastes. Therefore, requirements pertaining to these hazardous wastes
 are potential ARARs.

       On October 20, 1988, EPA  proposed to revise the list of processing
 wastes excluded under the Bevill Amendment. The proposed rulemaking  would have
 eliminated from the mining waste exclusion all  but 15 specific high-volume
 processing wastes, which the agency  would define  as  "special  wastes" (53  FR
 41288). Based on public comments received on this rulemaking, EPA  reproposed
 this rulemaking on April 17, 1989 (54 FR  15316) containing revised criteria by
 which wastes will be excluded under  the Bevill  Amendment.  The proposal (which
 will be finalized in August, 1985) would  designate 6 high-processing wastes as
      4  "Regulatory Determination  for Wastes  from  the  Extraction  and
 Beneficiation of Ores and Minerals,"  51  FR  24496 (July  3,  1986).
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 special wastes. Thirty-three  other high-volume processing  wastes  would remain
 conditionally exempt  from Subtitle C pending  further  rulemaking to  determine
 their  "special waste"  status. That rulemaking will  be completed by  January,
 1990.

        Special wastes  will be  studied and presented  in a  report to Congress,
 and be subject to  future regulation pursuant  to  RCRA  §3001. All other  mineral
 processing wastes  will be regulated as  hazardous wastes  if the wastes  exhibit
 one or more of the hazardous  characteristics; Subtitle C requirements  will  be
 potential ARARs for these wastes. Decisions about whether  a Subtitle C
 requirement is relevant and appropriate to wastes covered  under this
 rulemaking, given  the  site circumstances, must be made on  a case-by-case  basis
 until  a formal decision on whether to apply Subtitle  C to  these wastes is made
  (before January 1991).

       Mining wastes that are  not  currently regulated  under Subtitle C  are
 subject to Subtitle D  requirements, which primarily provide performance
 standards that States  use to  identify unacceptable  solid waste facilities or
 management practices.  The Agency  is developing regulations under  Subtitle D
 designed specifically  for mining  wastes that  will not be regulated  as
 hazardous waste, since current  Subtitle D regulations may  not adequately
 address the risks  from these  wastes. It is anticipated that these Subtitle  D
 regulations will address facility development, operation,  closure,  and
 postclosure maintenance. When promulgated, the revised Subtitle D regulations
 may be ARARs for Superfund actions.
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                                    CHAPTER 7

                    CERCLA COMPLIANCE WITH STATE REQUIREMENTS

 7.0   INTRODUCTION

       CERCLA §121 provides that  for  any  hazardous  substance, pollutant,  or
 contaminant that will remain on  site,  remedial  actions undertaken pursuant  to
 §§104, 106, 120, or  122 must satisfy any applicable or relevant  and
 appropriate Federal  requirement  and  any  applicable or relevant and appropriate
 promulgated State standard, requirement,  criterion, or limitation under  State
 environmental or facility siting law that is more  stringent  than any  Federal
 requirement if the State requirement is  identified in a  "timely" manner.1 This
 chapter presents guidance on how to  address policy and procedural issues  in
 identifying and complying with State ARARs.

       Indian Tribal  Governments  may  adopt requirements and standards  into
 Tribal law for control of the environmental quality of Tribal lands.  The
 proposed revisions to the NCP treat  Tribal  requirements  that meet the
 eligibility criteria for State ARARs,  i.e., they are promulgated (legally
 enforceable and of general applicability) and more stringent than Federal
 requirements as potential ARARs  for  on-site remedial actions on  Indian lands.
 Informal or unofficial standards or  requirements that have not been adopted by
 resolution, ordinance, or other  Tribal administrative procedures are  unlikely
 to meet the eligibility criteria.  Pending final action on the proposed
 revisions to the NCP, EPA is following this approach as  a matter of policy.

       This chapter first contains  a  description of the statutory criteria for
 determining whether  a State requirement  will be a potential  ARAR. These
 criteria, which are  analyzed in  Section  7.1, include requirements that the
 State standard be "promulgated"  and  "more stringent." Sections 7.1.1  and  7.1.2
 provide a conceptual framework for analyzing whether a particular State
 standard satisfies these criteria.

       This chapter also outlines several common examples of  State statutes
 that may be considered as potential  ARARs,  describes their basic
 characteristics, and provides policy guidance on situations  in which  they are
 likely to be potential ARARs. These  State statutes include location standards
 and other siting requirements, State limitations on discharges of toxic
 pollutants to surface water, and antidegradation requirements for surface
 water, which are
      1 The proposed NCP states that the definition of  "State"  shall  include
  "Indian Tribes," 53 FR 51479, 51477  (December 21, 1988).

      2 This policy is in accordance with the objective  of EPA's  Indian  Policy
  (November 8,  1984), which is "to give special consideration to  Tribal
  interests in  making Agency policy, and to insure the  close involvement  of
  Tribal Governments in making decisions and managing environmental programs
  affecting reservation lands  .... The Agency will recognize Tribal Governments
  as the primary parties for setting standards, making  environmental  policy
  decisions and managing programs for reservations, consistent  with Agency
  standards and regulations."


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 described in Section 7.2. Policy guidance is provided on particular  features
 of State location and siting standards, including waivers and override
 provisions and bans on  facilities in particular locations.

       In addition to providing policy guidance on how the criteria for  State
 ARARs should be analyzed, this chapter also describes the procedures  for
 States to identify State ARARs. It sets forth the roles of the lead  and
 support agencies in the process of communicating State ARARs and  specifies
 points in the remedial process when State ARARs must be identified.  The most
 important procedural requirements are specified in the Superfund  Memorandum of
 Agreement  (SMOA), and Section 7.3 describes how the SMOA is developed to
 enhance the process of identifying and communicating ARARs. Finally,  this
 chapter contains a description of the basic requirements for timely,  specific,
 accurate, and comprehensive identification and description of State ARARs.

 7.1   CRITERIA FOR DETERMINING IF A REQUIREMENT IS ELIGIBLE TO BE A  STATE

       A State is responsible for the identification of potential  State  ARARs
 whether acting in the role of the lead or support agency during the  remedial
 process .3

       The first step that is taken by a State in the process of determining
 whether requirements are eligible to be State ARARs is to compile the universe
 of State environmental or facility siting laws from which potential ARARs can
 be identified. Potential ARARs are identified on a site-specific  basis  during
 the critical points in the remedy selection process. CERCLA §121(d) (2) (A)
 specifically limits the scope of State ARARs to standards, requirements,
 criteria, or limitations under environmental or facility siting laws  that are
 promulgated and more stringent than Federal requirements. Using the  procedures
 described in Exhibit 7-1 and the accompanying text, a State must  analyze
 potential ARARs to determine whether they meet these two criteria.

       7.1.1    Identification and Determination of "Promulgated"  State
                Requirements

       The eligibility of State requirements as ARARs is consistent with that
 of Federal requirements in that they both must be "promulgated,"  as  opposed to
 non-promulgated guidance or advisories. "Promulgated" requirements are  laws
 imposed by State legislative bodies and regulations developed by  State
 agencies. The proposed NCP defines "promulgated" State requirements  as  State
 standards that are of general applicability and are legally enforceable.

       •    Legally Enforceable

            Legally enforceable  requirements  are State regulations
            or statutes  that:
      3 In both cases, the identification process  includes a  Federal  review  of
 and concurrence with the State finding in order  for a remedial action  to
 proceed.


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             —    Contain specific enforcement provisions;  or

                   Are enforceable by means of the general  authority  in  other
                   laws or in the State constitution.

        •     General Applicability

             For a State requirement to be a potential ARAR,  it must  be  of
             general applicability. The phrase "of general  applicability" means
             that the requirement must be applicable to all  circumstances
             covered by the requirement, not just Superfund  sites  (e.g., the
             provisions of this chapter apply to any person  storing,
             collecting, transporting, processing, or disposing of  solid
             waste). An example of a requirement that is not of general
             applicability is one that was promulgated for  a particular  CERCLA
             site or for CERCLA sites exclusively, and not  for other  hazardous
             wastes sites  (e.g., promulgation of cleanup standards  specific to
             one or more NPL sites but not other sites with  releases  of
             hazardous substances elsewhere in the State).

        In most cases, promulgated requirements will have clear indications of
 promulgation. Documentation of promulgation, such as the statute number, date
 of enactment, and the effective date of the requirements,  is provided when a
 State  law is adopted and can be obtained readily from the  statute  itself or
 its source, i.e., the enacting legislative body or agency.

        Promulgated State laws and regulations can contain provisions  that range
 from chemical-specific numerical standards, the application of which can be
 clearly identified and considered, to narrative criteria, which do not  contain
 specific requirements. The identification of the requirements through which
 narrative criteria are implemented on a site-specific basis may call for a
 review of other environmental statutes.

        State environmental laws that are typically written with narrative
 criteria are statutes that prohibit degradation or limit the discharge  of
 toxic  pollutants.4 The requirements that implement these laws are not
 necessarily formulated through promulgation of additional  State regulations
 specific to the law; rather, they can be provisions contained within the State
 water  quality standards statute, for example, or in other  State statutes
 relating to the protection of natural resources. The promulgated requirements
 that implement State environmental laws can also range from numerical
 standards to non-quantitative narrative criteria, such as  toxicity testing
 procedures. Following the identification of specific promulgated requirements,
 the application of the requirements must be interpreted on  a site-specific
 basis. State policies or guidance used in implementing or
       4 General State environmental laws for consideration as potential ARARs
 are discussed  further in Section 7.2.
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 interpreting narrative criteria or standards, although not ARARs,  should be
 considered in determining the remedy. For example, if a State Water Quality
 Standard prohibits the discharge of "toxic pollutants in toxic amounts," the
 remedial decision maker would need to decide what that means in  the context of
 the site at issue, considering any pertinent State policies or guidance.5

       7.1.1.1 Criteria That Are To Be Considered  (TBCs)

       Promulgated statutes may contain legally enforceable standards that are
 applied by State agencies through the issuance of limit-containing permits.
 Standards or limits that are not promulgated but are generally included in
 permits are not potential ARARs. Although these promulgated statutes are
 potential ARARs, any specific standards or limits that are derived from State
 regulations are not in themselves considered ARARs. This is true even if
 repeated application of the regulation results in the same numerical standard
 or limit being applied. However, these standards, as well as State advisories,
 guidance, non-binding guidelines, or other standards that are not  legally
 binding or of general applicability may nevertheless be considered in
 fashioning a protective remedy for a site. Consistent with the treatment of
 Federal criteria that are to be considered, the scientific basis for State
 TBCs should be evaluated.6

       7.1.1.2 State Policies

       Non-promulgated State policies are not requirements, but are often
 developed and documented when State statutes or regulations are  interpreted
 and implemented by State agencies  (e.g., guidance memoranda or documents).
 These State policies are to be distinguished from promulgated "criteria" that
 are contained in a State statute and implemented via specific requirements
 found in the statute or in other promulgated State regulations.  Non-
 promulgated State policies help to shape the consistent application and
 enforcement of requirements and, as such, are classified as TBCs.  Also, State
 policies may be needed to assist in the clarification of a requirement and may
 be used in determining how an ARAR should be applied.

       7.1.1.3 Relationship Between Local Requirements and State ARARs

    CERCLA §121(d)  does not require CERCLA actions to comply with local laws,
 i.e., local laws in themselves are not ARARs. However, in some cases,
 requirements that are developed by a local or regional body and  are adopted
 and legally enforceable by the State may be potential State ARARs. These
 requirements may include State standards that are set by regional  boards as
       5 See section 7.2.2 of this guidance manual for further discussion of
 narrative criteria for the control of discharges of toxic pollutants.

       6 More information on TBCs is provided in Part I of this guidance
 manual.

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                                         Exhibit 7-1

       Procedures for Determining Eligibility of State ARARs
                 Identify standards, requirements,
                 criteria or limitations under State
                     environmental or facility
                     siting laws that address
                    site problems/remedies at
                    critical points In the RI/FS
                  process.1 (See detailed diagram
                          on pg. 1-7.)*
                       Identify all specific
                  requirements, standards, criteria
                         and limitations.
                             A
                    Determine if the requirement
                     Is promulgated, i.e., If It Is
                    of general applicability and
                       legally enforceable.
                    Determine if the requirement
                 is more stringent (Use framework
                   in section 7.1.2 for comparing
                  Federal and State requirements
                    and criteria for stringency.)
                             i-
No
 Determine if the criteria or
non-promulgated requirement
   should be considered
   (For TBCs Test, go to
       Exhibit 1-7.)*
No
                                                                      A
                         No
            Requirement/Criterion is not
                  ARAR or TBC.
          Determine whether the requirement is "applicable"
            or "relevant and appropriate". (Go to Exhibits
                         1-5 and 1-6.)*
         No
                    1  The  universe of potential  State ARARs will

                    vary considerably  in each  State. A list  form

                    which site-specific  ARARs  can be identified

                    should be  developed  by each State  through

                    cooperation and  coordination of various  State

                    agencies

                  *  References are to Part I  of  the "CERCLA Compliance  With  Other

                  Laws Manual."
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 well as local requirements that are part of a legally  enforceable  State
 "plan."7

    For example, the California Porter-Cologne Water Quality Act  (California
 Water Code Sections 13300-13999.16 and Title 23 of the California
 Administrative Code) directs nine regional boards to formulate regional water
 quality control plans that are designed to ensure protection  of  beneficial
 uses of the State's waters. The State's waters may be  used for discharge  of
 waste only if the discharge meets the regional board's requirements. According
 to the Act, which ensures California's eligibility to  implement  the  Federal
 NPDES requirements, regional boards must issue the discharge  requirements
 necessary to implement the water quality control plans.  Substantive  discharge
 requirements of each of California's regional water quality control  plans, as
 with NPDES discharge requirements in other States, are potential ARARs for
 CERCLA discharges to the waters within the respective  region.

    Some State laws require the adoption of a legally enforceable State "plan"
 containing requirements that are generated at the local or regional  level.
 Hazardous waste management planning is often undertaken in this  manner. For
 example, a State hazardous waste management plan may be prepared in
 conjunction with, and take into account, plans adopted by counties and
 regional councils of governments. The comprehensive plan, which  is then
 adopted and implemented by the State, may contain potential State ARARs for
 CERCLA actions.

    The Federal Clean Air Act requires each State to adopt and submit to EPA a
 plan that provides for implementation, maintenance, and enforcement  of primary
 and secondary ambient air quality standards. After consultation  with
 appropriate State and local authorities, EPA designates areas within each
 State  (called "air quality control regions") that are  deemed  necessary or
 appropriate for the attainment and maintenance of these ambient  air  quality
 standards. The State Implementation Plan  (SIP) must establish emission limits
 and other measures necessary to assure compliance with the ambient standards
 within each air quality control region.8 In some States, the regional bodies
 establish and enforce emission limits; in other States,  regional bodies submit
 standards that are then implemented and enforced by the State. In both cases,
 the requirements of a regional air quality control body may be potential  State
 ARARs for CERCLA on-site actions taken within the respective  region.

    Local air toxics programs, although not eligible to be ARARs, deserve
 particular attention as TBCs. These programs are a key part of EPA's national
 air toxics strategy.
       7 Local zoning requirements may be TBCs, and should be complied with
 when necessary to protect human  health  and the environment.

       8 Standards which are incorporated into a Federally-approved SIP are
 also Federally enforceable.

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    7.1.2 General Procedures for Determining if a Requirement is
           "More Stringent"

    This section covers how to determine when a State standard is more
 stringent than a Federal  requirement. It presents a conceptual  framework  for
 comparing State and Federal requirements and criteria  for determining whether
 a proposed State ARAR is  more stringent, should this comparison become
 necessary.

    The comparison of State and Federal requirements on the basis of stringency
 can be facilitated by first determining the authority  under which the
 environmental program and its requirements were promulgated. In the case  of
 State environmental programs that have been authorized by EPA to be fully
 administered and enforced in lieu of a Federal program, the stringency of the
 State requirements has already been established, i.e., the State program  must
 be at least as stringent  such that it provides for compliance with the
 requirements of the Federal Act. Establishing stringency can require more
 attention, however, when  the State program has not been Federally authorized.
 In such cases, a comparison of requirements may call for an evaluation of the
 more stringent of two requirements. Guidelines for making this  determination
 are presented in this section.

    7.1.2.1 State Programs That Have Been Federally Authorized

    Appendix B shows the relationship between Federal and State programs,  in
 terms of authorization, under the major environmental  statutes  that are
 contained in the universe of potential ARARs  (i.e., Part I and  Part II of this
 guidance manual). If authorization for operating a Federal program has been
 acquired by a State, it can be seen that the requirements of the State program
 are at least as stringent as or more stringent than those requirements of the
 parallel Federal law or regulation. Therefore, a side-by-side comparison  of
 Federal and State provisions is not necessary. When identifying potential
 ARARs under a State program which has gained Federal authorization, a State
 should select the authorized provisions of the State statute or regulation
 that address the site problems and remedies. For the purposes of
 identification and communication of State ARARs, the authorized State
 requirement is to be documented as the potential ARAR  (as it is regarded  as
 the requirement that is in effect).

    Federal environmental  statutes may either contain the requirement or allow
 for the authorization of  State programs to be carried  out in lieu of direct
 administration in the State by EPA. The statute may allow all regulations to
 be formulated and adopted by the State, such as in RCRA requirements, or  it
 may retain several rulemaking provisions under Federal jurisdiction, such as
 in the Clean Water Act. In either case, a State requirement that is Federally
 authorized must generally be "equivalent" to its Federal counterpart,
 equivalent meaning that the requirement is identical  (enacted verbatim) or
 achieves the same result. In some instances, an identical State requirement is
 mandated for authorization to be gained. In addition,  Federal statutes may
 allow States to promulgate "more stringent" requirements than those
 requirements provided by  Federal law. These "more stringent" requirements may
 be in the form of effluent standards that lower a
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 concentration or volume of a pollutant discharge,  for example,  or  they may be
 in the form of an additional or exclusive State  requirement  for which no
 comparable Federal requirement exists.

    7.1.2.2 State Programs That Have Not Been Federally Authorized

    •  State Programs With No Federal Counterpart: A State may find that it
       needs to promulgate environmental regulations that involve aspects of
       pollution control addressing specific conditions within that State.
       Pennsylvania,  for example,  has promulgated strict wasteload management
       regulations that control the loading on public sewerage systems because
       of the deteriorated conditions of the aged conveyance and treatment
       systems in the State. A Federal counterpart to a State regulation such
       as this one may not exist,  and Federal authorization will not be a
       factor that can be considered in determining stringency.  However,  if the
       provisions of a non-authorized State environmental regulation are
       pertinent to the conditions at a CERCLA site, the State requirements are
       potential ARARs; they are more stringent than Federal law in the sense
       that they add to Federal law requirements that are specific to the
       environmental conditions in the State.9

    •  State Programs That Have a Federal Counterpart: A State may have
       promulgated requirements that parallel those associated with a Federal
       environmental program,  but the State may not have sought  or gained
       authorization for the program for various reasons. In the case of RCRA,
       a State may be denied authorization because of a lack of  equivalency or
       consistency of all State requirements to such an extensive body of
       Federal requirements. Also,  a State may only have partial authorization
       to implement select portions of RCRA.  In the case of CERCLA, the Federal
       statute does not provide States with the opportunity to gain
       authorization for the administration of Superfund law. In neither case,
       however, does Federal law preclude a State from promulgating,
       administering,  and enforcing requirements independently that parallel
       requirements of Federal law. For example, States may develop wetlands
       legislation,  regulations or requirements that vary from Federal wetlands
       requirements.  If these laws are deemed potential ARARs, a comparison of
       the requirements is necessary to assure that "more stringent" State
       requirements are identified.

    The State law may contain requirements that are exclusive  (i.e.,
 requirements that have no Federal counterpart) and are easily distinguished  as
        9 Note that for a State ban on land disposal of hazardous waste to be a
 potential ARAR,  it must also meet the criteria listed in CERCLA §121(D)(2)(C)


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 "new" requirements. These "new"  requirements  are more  stringent because  they
 add to Federal law requirements  that  are  specific  to the  State. However,  if
 "parallel" or "similar" provisions exist,  a determination of  the  "more
 stringent" of the two must be made through a  careful comparison.

    A State requirement that imposes a numerical standard  is not difficult to
 compare to a Federal counterpart. For the  State requirement to be more
 stringent, it may, for example,  increase  the  number of regulated  facilities or
 impose a more stringent pollutant discharge limitation. Sometimes State  and
 Federal requirements may differ  because of waiver  or exception provisions. In
 such cases, the State requirement is more  stringent if the Federal  requirement
 permits consideration of waivers or exceptions, such as waivers for economic
 hardship, cost effectiveness, or funding  limitations,  but the State
 requirement does not.

    State requirements that are clearly less restrictive than  Federal
 counterparts are not ARARs. State requirements that are equivalent  to but not
 more stringent than Federal requirements  are  those that are:  (1)  identical to
 Federal requirements, i.e., enacted verbatim; or  (2) not  identical  to Federal
 requirements but are substantively equivalent, i.e., that use the same or a
 different approach to achieve an identical result. In  such situations, by
 complying with the Federal ARAR, the  State requirement will have  been
 adequately considered.

    7.1.2.3 Requirements That Are Not Directly Comparable

    Federal and State requirements may call for vastly  different approaches to
 regulating the same contaminant, making a  determination of the more stringent
 requirement somewhat difficult.  For example,  40 CFR section 192.32(b) requires
 that releases of radon-222 from  uranium byproduct  materials to the  atmosphere
 be limited so as not to exceed an average  release  rate of 20  picocuries  per
 square meter per second  (pCi/m2s) .

    A similar State requirement may be as  follows:

       Radiation Control Regulations,  Title 17, Chapter 41, Section  17.45.
       Wastes,  tailings,  or stockpiled ore  from active  or  inactive mining,
       milling,  or manufacturing operations shall be kept  in such  a  manner so
       as not to release radon-222 to the air in excess of  3xlO~9 uCi/ml.

 These standards are difficult to compare  because of the use of a  rate in the
 Federal requirement, as opposed  to the use of a concentration level in the
 State requirement.

    If the actions required by each of the  two statutes  result in  a  predictable
 and measurable level of cleanup, the  determination of  the more stringent
 requirement is clear  (e.g., determine which requirement leaves less
 ground-water contamination at a  CERCLA site or which one  requires a greatek
 percentage removal of a contaminant). However, the determination  of the  more
 stringent of two requirements that mandate different design or performance
 standards may become more difficult when  the  results of the actions are  not

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 clearly predictable because they are measured via monitoring procedures  after
 the remedial activity  (e.g., a landfill liner that is  required to be
 "impermeable" versus a liner that shall be of a  specified thickness and
 composed of a certain material). The demonstration of  a more stringent State
 requirement in this case requires evidence in the form of performance data,
 which may be unavailable.

    The lead and support agencies should communicate closely to reach an
 agreement on the most stringent, site-specific requirement to follow. The
 decision is to be based on best engineering  judgment and not on completion  of
 extensive testing or exhaustive research. Should a dispute arise, dispute
 resolution processes that have been established  between the State and EPA are
 to be followed. The communication process and dispute  resolution procedures
 are discussed in Section 7.3 of this chapter.

 7.2 AN EXAMINATION OF SEVERAL TYPES OF STATE LAWS

    7.2.1 State Siting Requirements

    State siting requirements are a broad class of State requirements dealing
 with restrictions on the location of new, existing, and expanding hazardous
 waste treatment, storage, and disposal  (TSD) facilities. Considerable
 independent development of State laws governing  siting of hazardous waste
 facilities has occurred. In States that are  authorized to administer and
 enforce the provisions of RCRA, siting requirements are at least as stringent
 as the siting location standards found in the Federal  requirements of RCRA
  (which are briefly described in Section 7.2.1.1). However, because of the
 current lack of extensive Federal siting requirements, many States have  either
 added technical requirements to land disposal options  or added types of
 locations that must be specially considered. A 1987 survey of State
 requirements has shown that numerous State siting programs exist, and that  the
 programs lack consistency in scope and vary  in stringency.10 A thorough  review
 and determination of the eligibility of State siting requirements is,
 therefore, required during the process of State  ARARs  identification.

    In this section, State siting criteria are reviewed, based on the
 eligibility criteria -- State ARARs must be  "promulgated" and "more
 stringent." First, a brief overview of Federal siting  criteria is presented as
 a reference for comparing State requirements on  the basis of stringency.
 Common State location standards are reviewed. Finally, several issues
 regarding State siting ARARs are examined. For example, the application  of
 siting requirements may depend on whether the TSDF is  "existing" or "new." A
 discussion of this issue is presented in Section 7.2.1.3.
       10  Source:  TBS  (Temple,  Barker,  and Sloane,  Inc.).  Review of State
 Hazardous Waste  Facility Siting Criteria, Revised Draft  Final  Report. U.S.
 EPA, Washington, B.C.,  1987a.

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    7.2.1.1  Overview of Existing Federal Siting Requirements and Criteria11

    The current location standards that  restrict the siting  of new hazardous
 waste facilities under RCRA are located in  40  CFR  section 264.18. These
 standards restrict  the location of or affect the design  and operation  of
 hazardous waste TSD facilities in three environmental  settings:  (1)  fault
 zones;  (2)  100-year floodplains; and  (3)  salt  dome  formations,  salt  bed
 formations, underground mines, and caves. In addition, two  permit writers'
 guidance manuals, "Criteria for Location Acceptability and  Existing  Applicable
 Regulations -- Phase I" and the "Vulnerable Hydrogeology Guidance Document,"
 contain criteria or other information useful in designing a remedy and that
 could be TBCs.

    EPA,  as authorized by §3004(o)(7) of the Solid Waste  Disposal Act as
 amended by  the Hazardous and  Solid Waste Amendments  (HSWA)  of 1984,  is
 currently developing specific  "criteria for the acceptable  location  of new and
 existing TSD  facilities as necessary to protect human  health and the
 environment." EPA intends to  cover several  locations governed by these
 criteria, including wetlands,  and to consider  the  relationship  of a  facility's
 location to ground  and surface waters.  The  final rule  may include bans,
 technical demonstrations, specific unit closure requirements with extended
 care, additional design and operating requirements, or a combination of these
 responses.  EPA expects that the final rule  will replace  the existing location
 standards contained in 40 CFR  section 264.18 and create  a new Subpart  T to
 Part 264. When the  rule becomes final,  States  that  elect to receive
 authorization to implement HSWA requirements must  promulgate location
 standards that are  at least as stringent. HSWA location  standards will be a
 new baseline  against which location requirements that  are potential  ARARs are
 measured for  stringency in non-authorized States. Also,  EPA is  developing
 policies on how the cleanup of CERCLA sites will be affected by the  new
 standards.  These policies will impact development  of future State location
 standards in  authorized States.

    7.2.1.2 Eligibility of Siting Requirements  as State ARARs

    In developing the location criteria  required by HSWA, EPA conducted a study
 of State location standards.12 This  study provided  data for  the  analysis  of
 the regulatory options EPA has developed for location  standards. A summary of
 the information that was gathered is presented in  this Section. The  objective
 of presenting this  information is to alert  personnel responsible for the
 identification or review of State ARARs to  State siting  criteria that
       11  Source  for  material  in this  section:  NUS  Corporation,  Summary
 Background Information Document  for  the Development  of  Subtitle  C  Location
 Standards under Section  3004(o)(7) of RCRA. U.S.  EPA, Washington,  D.C.,  1988a.

       12  Source: TBS (Temple,  Barker,  and  Sloane,  Inc.).  Review of  State
 Hazardous Waste Facility Siting  Criteria, Revised Draft  Final  Report.  U.S.
 EPA, Washington, D.C., 1987a.

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 may qualify as ARARs and to issues pertinent to the application of  those
 criteria.

    Currently, 33 States have imposed restrictions on the location of hazardous
 waste facilities that are more extensive than the existing  Federal  standards
 contained in RCRA  (see Exhibit 7-2). The remaining 17 States have location
 controls  (either in the form of regulations or guidance) that are equivalent
 to, but not more stringent than, RCRA standards.13

    Promulgated Siting Requirements

    The eligibility of location standards as potential State ARARs also depends
 on whether the requirements are promulgated, i.e., legally  enforceable and  of
 general applicability, as discussed in Section 7.1. Exhibit 7-3, which lists
 the 33 States that have met the "more stringent" criterion  of State ARARs,
 illustrates whether the States also have requirements contained in  legally
 enforceable statutes or regulations. Thirty-two of these States possess siting
 criteria that qualify as potential ARARs based on this premise.

    The requirement must also be of general applicability, i.e., it  was not
 promulgated specifically for application to CERCLA remedial actions. As can be
 seen in Exhibits 7-5 through 7-7, State siting requirements may address many
 criteria specific to the site's location and its topographic, hydrologic, and
 geologic characteristics. In order to be eligible to be State ARARs,
 promulgated siting criteria must generally be applied throughout the State  (or
 the area described by the statute) in determining the suitability of any  site
 for waste disposal. In the exhibits, requirements that qualify as potential
 ARARs are either designated with an "R"  (regulatory or statutory requirement)
 or a "C"  (regulatory consideration) in the 33 States that have more stringent
 requirements. A regulatory consideration indicates that there is not a
 specific standard, but the State law contains a criterion that must be
 evaluated or assessed.

    More Stringent Siting Requirements

    The States that use only siting board review procedures  (with or without
 specific standards) are included in the group of 17 States  that are not
 considered more stringent  (as shown in Exhibit 7-4). It should be noted that
 undergoing review board procedures is not an ARAR. However, any substantive
 criteria established by a State review board, if legally binding on the review
 board's operations, may be a potential ARAR.

    In addition to review boards, many States have more than one agency
 involved in the planning, siting, and regulation of hazardous waste
 facilities. Other agencies may be required to consider such aspects as the
 adverse impacts of the scenic, historic, cultural, or recreational  values of
       13  If  the  location  standards  for  these  States  are  part  of an authorized
 RCRA program, the State  requirements are to  be identified as the  ARARs  for  the
 site  (see Section 7.1.2) .

                                      7-12

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                                   EXHIBIT 7-2
                METHOD OF IMPLEMENTATION OF STATE SITING CRITERIA
  Alaska3
  Arizona
  Arkansas
  California
  Colorado
  Connecticut
  Delaware
  Florida
  Idaho3
  Illinois
  Iowa
  Kentucky
  Louisiana
  Maine
  Maryland
  Massachusetts
  Michigan
  Minnesota
  Mississippi
  Missouri
  Nevada3
  New Hampshire
  New Jersey
  New York
  North Carolina
  North Dakota
  Oklahoma
  Oregon
  Pennsylvania
  Rhode Island
  Texas
  Virginia
  Washington
  Wisconsin
  West Virginia
  Wyoming
State Statutes
or Regulations
        X
        X
        X
        X
        X
        X

        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
        X
Guideline or Site
Selection Principles

           X
           X
           X
       3 Regulations in these three States are proposed, rather than  final.

 Source: TBS  (Temple, Barker, and  Sloane,  Inc.)  Review of  State  Hazardous Waste
 Facility Criteria, Revised  Draft  Final  Report.  U.S.  EPA,  Washington,  D.C.,
 1987a.

                                       7-13
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 the site. When identifying ARARs in States with  such agencies, it is important
 to distinguish promulgated substantive criteria  and standards that have
 regulatory or statutory authority in that State  from site  selection principles
 or guidelines that may be TBCs.

    7.2.1.3 Summary of State Siting Requirements

    This Section discusses several important aspects of State siting
 requirements as potential ARARs and the importance of identifying the proper
 State siting requirements in addressing CERCLA actions.

    Common Location Criteria

    Exhibit 7-8 highlights the main categories of siting criteria with which
 the greatest number of States is concerned. The  protection of some of these
 areas may be under State legislation other than  RCRA-related laws, such  as
 location-specific requirements of other Federal  programs that are authorized
 to States  (shown in Appendix B).

    State laws dealing with environmentally sensitive areas may range from
 specific quantitative requirements, such as setback distances expressed  in
 miles or feet from the area, to general regulatory statements prohibiting
 facility location in areas where human health or the environment will be
 affected. States also approach the issue of protecting ground and surface
 water through a range of criteria, including general consideration of
 proximity to ground and surface water and prohibitions of  facilities in
 certain locations, such as over recharge zones or aquifers; quantitative
 setback distances from water supplies or other water bodies; quantitative
 thickness or hydraulic conductivity in soil barriers; and  designation of
 acceptable soil or rock type for facility siting. Many State laws and
 regulations contain highly specific numerical requirements in these areas;
 others, such as Colorado, only require "that there be some distance to ensure
 that hazardous materials will have no impact on  the bodies of water." If these
 types of requirements are promulgated, both are  potential  ARARs.

    Buffer zones can also vary,  ranging from specific setback distances from
 residences, churches, schools,  or hospitals to general statements precluding
 "interference" with "population areas"  (neither  term being defined).
 Requirements also may differ between land-based  and non-land-based (e.g.,
 incinerators) requirements. Consideration of air quality impacts may be
 triggered in either case.

    A requirement in four States (California, Missouri, Rhode Island,  and North
 Carolina) is one in which siting depends on waste type. The State of Missouri
 limits wastes according to the corresponding vapor pressure, in order to
 decrease volatile releases. In the other three States, location restrictions
 differ according to highly specific classification systems for wastes. These
 classes define the wastes that are restricted for disposal in certain
 locations by the type or degree of hazard, ranging from waste that is "highly
 restrictive"  (Rhode Island) to waste "containing pollutants that could be
 released above certain concentrations and cause  degradation of waters"
  (California) to waste that is "nonhazardous"  (North Carolina). All

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 definitions require careful examination, as they may or may not be identical
 to RCRA definitions of hazardous waste.

    Applicability or relevance and appropriateness of requirements to land-
 based and non-land-based  facilities may also vary within each State. The trend
 seen in the TBS survey is that non-land-based  facilities are being addressed
 more frequently, with restrictive criteria being applied according to the
 location of the site. Determination of the proper classification of
 requirements necessitates a careful examination of the definition of the
 regulated facility contained in the promulgated regulation or law.

    New and Existing Facilities

    With respect to CERCLA remedial actions, State location standards might be
 identified as potential ARARs when:

       •  An existing hazardous waste site is present in a restricted location
          and a corresponding action is called for (be it immediate removal,
          remediation,  design and operating demonstration,  or modified care);
          or

       •  A new hazardous waste unit is created in a restricted location
          through treatment or consolidation and placement;  or

       •  A non-land-based unit is brought on site.

    Significant differences may exist between State location standards that
 cover new units and those standards that cover existing units, and the State's
 application of the appropriate category of regulations to a Superfund site is
 subject to the State's statutory definition of each. Because Superfund sites
 generally represent pre-existing  (and unplanned) situations, the limitations
 for existing facilities may not apply to Superfund sites. New remedial
 activities on site, such  as the placement of "old" treated waste in a "new"
 unit or the use of a mobile incinerator or air stripping, could be subject to
 the limitations for new facilities or could be limited by requirements for
 existing facilities. Again, determination of the proper set of standards based
 on the jurisdictional prerequisites is a critical part of the process of
 identifying potential State ARARs for siting.

    Exhibit 7-3 shows whether each State applies siting criteria to new,
 expanding, and existing facilities. States have shown an increasing concern
 with existing and expanding facilities because of facility failures that have
 needed to be addressed.
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                                   EXHIBIT 7-3
                     APPLICABILITY OF  STATE  SITING  CRITERIA

                        New                New and          New,  Expanding,  and
                  Facilities Only   Expanding  Facilities    Existing  Facilities
  Alaska3                                     X
  Arizona                X                                           X
  Arkansas               X
  California                                                         X
  Colorado               X
  Connecticut            X
  Delaware                                                           X
  Florida                X
  Idaho3                                      X
  Illinois               X
  Iowa                   X
  Kentucky                                                           X
  Louisiana                                                          X
  Maine                                                              X
  Maryland               X                                           X
  Massachusetts          X                                           X
  Michigan                                    X
  Minnesota                                                          X
  Mississippi            X
  Missouri                                                           X
  Nevada3                X
  New Hampshire          X
  New Jersey                                  X
  New York               X
  North Carolina         X                                           X
  North Dakota                                                       X
  Oklahoma                                                           X
  Oregon                                                             X
  Pennsylvania                                                       X
  Rhode Island                                                       X
  Texas                  X                    X
  Virginia                                    X
  Washington                                  X
  Wisconsin                                   X
  West Virginia          X
  Wyoming                                                            X
       a Regulations in these three States are proposed, rather than final.

       NOTE: A State-specific interpretation  of  the  definitions  of  "new"  and
 "existing" facilities in  relation  to  a  given CERCLA action  is  required for
 determination of the set  of requirements  that may be potential  ARARs.

       SOURCE: TBS  (Temple, Barker, and  Sloane,  Inc.)  Review of  State  Hazardous
 Waste Facility Criteria,  Revised Draft  Final Report.  U.S. EPA,  Washington,
 D.C., 1987a.

                                       7-16
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                                                    Exhibit 7-4
                                          State  Location  Controls
                                                NGfifH 6AKOTA4 MINNESOTA
         Source: TBS (Temple, Barker, and Sloane, Inc.) Review of State Hazardous
                Waste Facility Criteria, Revised Draft Final Report. U.S. EPA,
                Washinntnn  DT  1OP71
                                                                                  State location controls more
                                                                                  extensive than RCRA (33 states)

                                                                                  State controls similar to RCRA;
                                                                                  no additional location controls (17 states)
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                                                         7-17

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                                                                   EXHIBIT 7-5

                                        AREAS IN WHICH THE LOCATION OF  HAZARDOUS WASTE TSD FACILITIES
                                                IS  PROHIBITED OR RESTRICTED BY VARIOUS STATES
Endangered Recharge Mining Dam
Parks, Species Zones, Historical Subsidence Coastal Karst Hazard Agricultural
Wetlands etc. Habitat Aquifers Areas Areas Areas Watersheds Areas Areas Areas
Alaska3
Arizona
Arkansas
Call f ornia
Colorado
Connecticut
Delaware
Florida
Idaho"
Illinois
Iowa
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Nevada3
New Hampshire
New Jersey
New York
North Carolina
North Dakota
Oklahoma
Oregon
Pennsylvania
Rhode Island
Texas
R R R R
G G G R,G
R G G R G R
R

R
G G G G G G
C C C
R
R
R R R R R R
R

R R R R R
R, G G R R,G G G G G G
R R R R R
R R R
R R

R R R
R R R
R R R
RRR RRRR R
C C C C
GGGRGR RR
R

R R R R R
RRRCR RR R
RRR R
RGGRGGG G
a  Regulations in  these three States are proposed, rather than final.

SOURCE:  TBS  (Temple,  Barker, and Sloane, Inc.)  Review of State Hazardous Waste Facility Criteria.  Revised Draft Final Report.  U.S. EPA, Washington, D.C.,
    Word-searchable version — Not a true copy
                                                                       7-18

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                                                       EXHIBIT 7-5  (continued)

                                   AREAS IN WHICH  THE LOCATION OF  HAZARDOUS WASTE  TSD FACILITIES
                                           IS PROHIBITED OR RESTRICTED BY VARIOUS  STATES
              Wetlands
Endangered     Recharge
 Species        Zones,
 Habitat       Aqui fers
                                                                                                                         Dam
                                                                                                                Karst   Hazard    Agricultural
                                                                                                  Watersheds     Areas   Areas        Areas
Virginia
Washington
West Virginia
Wisconsin
Wyoming
R R R R R R R
RRRR RRR R
R R R R R
R R

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                                                                 7-19

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                                                                              EXHIBIT 7-6

                                      SITE HYDROGEOLOGIC AND GEOLOGIC CRITERIA FOR THE LOCATION OF HAZARDOUS WASTE TSD FACILITIES
                             Depth to
                               Water
                               Table
 Depth
   to
Aqui fer
Surface,
Aqui fer
 Water
Quality
 Hydraulic
Conductivity
Thickness
 of Soil
Hydraulic
 Gradient
Time of
 Travel
  Ground
Water Flow
 Direction
Alaska3
Arizona
Arkansas
Callfornia
Colorado
Connecticut
Delaware
Florida
Idaho3
Illinois
Iowa
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Nevada3
New Hampshire
New Jersey
New York
North Carolina
North Dakota
Oklahoma
Oregon
Pennsylvania
Rhode Island
      a  Regulations  in  these  three  States  are  proposed,  rather  than  final.

      SOURCE:  TBS (Temple,  Barker,  and Sloane, Inc.)  Review of State Hazardous Waste Facility Criteria,  Revised Draft Final Report.  U.S.  EPA,  Washington,  D.C.,
          Word-searchable version -Not a true copy
                                                                                 7-20

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                                                                      EXHIBIT 7-6 (continued)

                                     SITE HYDROGEOLOGIC AND GEOLOGIC CRITERIA FOR THE LOCATION OF HAZARDOUS WASTE TSD FACILITIES
                            Depth to
                              Water
                              Table
 Depth
   to
Aqui fer
Surface,
Aqui fer
 Water
Quality
 Hydraulic
Conductivity
Thickness
 of Soil
Hydraulic
 Gradient
Time of
 Travel
  Ground
Water Flow
 Direction
  Soil/
Rock Type    Slope
Texas
Virginia
Washington
West Virginia
Wisconsin
Wyoming
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                                                                               7-21

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                                                         EXHIBIT 7-7






                               STATE SETBACK CRITERIA FOR THE LOCATION OF HAZARDOUS WASTE TSD FACILITIES



Alaska"
Arizona
Arkansas
Call f ornia
Colorado
Connecticut
Delaware
Florida
Idaho"
Illinois
Iowa
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Nevada"
New Hampshire
New Jersey
New York
North Carolina
North Dakota
Oklahoma
Oregon
Pennsylvania
Rhode Island
Texas

Property
Lines
R
G
R


R

C
R



R
R

R
R


R

R


R

R
R


G
" Regulations in these three State
SOURCE: TBS
(Temple, Barker, and S
Recharge
Supply Surface Zones,
Wells Water Aquifers
R R
C G
G G

R

G G
C
R R
R



R
G
R R

R

R
R R
R R R
R
C C C
R R


R
R R
R R
G
s are proposed, rather than final .
;ioane. Inc.) Review of State Hazardous
Faults/
Roads, Residences, Seismic Minimum Nuclear
etc. etc. Airports Areas Site Area Facilities
R
C C
R R G
R
R

G G

R R R
R R
R



G R G
C


R
R
R R
R
R R
C C C
R R G
R
R
R R
R R R

R

Waste Facility Criteria, Revised Draft Final Report. U.S. EPA, Washington, D.C.,
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                                                           7-22

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                                                       EXHIBIT 7-7 (continued)



                                 STATE SETBACK CRITERIA FOR THE LOCATION OF HAZARDOUS WASTE TSD FACILITIES

Virginia
Washington
West Virginia
Wisconsin
Wyoming
Property Supply
Lines Wells

R R

R R
R
Recharge Faults/
Surface Zones, Roads , Residences, Seismic Minimum Nuclear
Water Aqui fers etc. etc. Airports Areas Site Area Facilities
R R C R
R R

R R R
R
                                                               7 — 23
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                                          EXHIBIT 7-8
                                 COMMON  STATE SITING CRITERIA
Protecting Environmentally Sensitive Areas
          Criterion
     Wetlands
     Endangered Species Habitats, Game-
      lands, and Fish Hatcheries
     Parks, Preserves, and Recreational
      Areas
     Underground Mining/Subsidence Areas
Protecting Ground Water and Surface Water
     Distance to Supply Wells and
      Water Supplies
     Distance to Surface Water
     Recharge Zones and Aguifers
     Depth to Water Table or Aguifer
     Hydraulic Conductivity and/or
      Thickness of Soil
     Soil of Rock Type
     Karst Areas
Ensuring Adequate Buffer Zones
     Distance to Property Lines
     Distance to Residences
Number of States8
       23

       17

       16
       13

       20

       20
       18
       17
       15

       12
       12

       18
       17
     a Includes proposed criteria.

     SOURCE: TBS  (Temple, Barker, and Sloane, Inc.) Review of State
Hazardous Waste Facility Criteria,  Revised Draft Final Report. U.S. EPA,
Washington, D.C.,  1987a.
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       Waivers and Override  Procedures

       Many State regulations have waivers  to  the  siting  requirements  for
 "temporary" or "emergency"  situations.14 These waivers are carefully defined
 in terms of:  (1) duration;  (2)  circumstances  that justify their  use (for
 example, a limit on the  amount  of money that  can  be  spent to  construct
 temporary facilities);  (3)  necessity of public  involvement; and  (4) whether
 the permit may be renewed.

       Some limits on the use of waivers are designed to  assure that the
 waivers are temporary. For  example, Florida grants a permit for  a  temporary
 waste landfill in an emergency  for  no more than 6 months;  Montana  grants a
 variance, but there must be a public hearing,  and the variance only lasts one
 year  (although it can be renewed).  Remedial actions  at Superfund sites may
 qualify for waivers, depending  upon their  design  and the particular
 requirements in that State.

       Bans

       CERCLA §121(d)(2)(C)(ii)  provides that:

             " . . State  standard, requirement,  criteria,  or
             limitation  (including any State siting standard or
             requirement)  which  could effectively  result  in the
             State-wide prohibition  of land disposal  of hazardous
             substances,  pollutants, or  contaminants  shall not
             apply."

 The application of this  prohibition is  limited, however,  by criteria  in
 §121(d)(2)(C)(iii) and  (iv). Section  (iii) states that:

             "Any State standard,  requirement,  criteria,  or
             limitation referred to  in clause  (ii)  shall  apply
             where each of the following conditions is met:  (I) The
             State standard, requirement, criteria or limitation  is
             of general applicability and was  adopted by  formal
             means.  (II)  The State standard, requirement,  criteria
             or limitation was adopted on the  basis of hydrologic,
             geologic, or other  relevant considerations and was not
             adopted for  the purpose of  precluding on-site remedial
             actions or other land disposal for  reasons unrelated
             to protection of human  health  and the environment.
              (Ill) The State arranges for,  and assures payment of
             the incremental costs of utilizing  a  facility for
             disposition  of  the  hazardous substances,  pollutants,
             or contaminants concerned."

 Section  (iv) covers the  situation in which one  State initiated a lawsuit against  the
 Agency prior to May 1, 1986 (Picillo site, Rhode  Island).  It
       14  Note  that waivers  in State regulations are to be distinguished from
 waivers  provided  by CERCLA §121(d)(4)  (e.g.,  for  inconsistent  application of a
 State requirement), which  may be  exercised  by EPA,  if warranted.

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 provides that the remedial action will conform  to  the  State  standard  and  that  the
 State shall assure the availability of an off-site facility.

       One example of a State law that may meet  the ban criteria  is  Florida's
 prohibition on new landfills. The Florida Department of Environmental  Regulation
 enacted a prohibition on new land disposal  facilities  because  soil  and ground-water
 conditions throughout the State precluded the identification of  appropriate sites.
 According to the Florida Resource Recovery  and  Management Act, §403.7222(2):

             "The Legislature declares that, due to the
             permeability of the soil and high water table in
             Florida, future hazardous waste landfills  shall  be
             prohibited. Therefore, the Department  of Environmental
             Regulations shall not issue a permit pursuant to
             §403.722 for a newly constructed waste landfill."

  (The section allows permitting of temporary landfills  in response to  a hazardous
 waste management emergency for a period of  up to 6 months.)

       The Florida prohibition may meet the  criteria in CERCLA  because  it  is
 authorized under the RCRA program; the RCRA program does not allow  authorization of
 a State program containing a prohibition on TSD facilities "which has  no  basis  in
 human health or environmental protection"  (40 CFR  271.4(b)). Also,  the State is in
 the process of arranging for utilization of a disposal facility  that  will meet  its
 needs.

       Note that the Florida prohibition applies only to new  facilities. The State
 recognizes that there are existing waste piles  and surface impoundments that may be
 unable to achieve clean closure and will have to close as landfills.15 Therefore,
 the provision would allow closure of a landfill with waste left  in  place.

       Effective January 1, 1991, land disposal  of  hazardous  waste will be prohibited
 in Louisiana  (a RCRA-authorized State), according  to Part VIII of the  Louisiana
 Hazardous Waste Control Law, 1141.IE. A few waiver provisions  will  be  included, but
 their applicability to CERCLA sites is presently unknown.

       7.2.2 Discharge of Toxic Pollutants to Surface Waters

       Both on-site and off-site CERCLA remedial actions may  involve discharges  of
 wastewaters to surface waters. The control  of discharges of  pollutants, including
 toxics, to waters of the United States is required by  the CWA.16  The 1987  CWA
 amendments require States to:  (1) identify  water bodies where  the discharge or
 presence of toxic pollutants listed pursuant to CWA §307(a)  could reasonably be
 expected to interfere with the attainment of designated
       15 See Chapter 2 of Part I for definition of terms under RCRA.
       16  See Chapter 3 of Part I for further discussion of ARARs under the CWA.

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 uses; and  (2) adopt numeric criteria  for  such  toxic pollutants  applicable  to  the
 water body that are sufficient to protect  the  designated  use  (CWA §303(c)(2)(B)).
 The substantive requirements of the State's  toxic pollutant control  program may be
 ARARs for CERCLA discharges.

       States may regulate toxic pollutants with numerical criteria,  narrative
 criteria, or a combination of the two.  Limitations on  discharges  to  water  of  toxic
 pollutants are often expressed in narrative  (non-quantitative)  terms.

       Pollutants that lend themselves  to  a chemical-specific  analytical  approach  can
 be measured on an individual basis and their toxic properties evaluated. For  these
 pollutants, States may have developed  numerical criteria.  However, the development
 of quantitative criteria for the entire possible range of toxic pollutants beyond
 those listed pursuant to CWA §307(a) would require resources  considerably  beyond
 current capabilities .

       In addition to the resource constraints, not all toxic  substances  can be
 analyzed according to a chemical-specific  analytical approach.  For these reasons,
 the regulation of toxic effluents often relies on biological  monitoring  methods in
 which the harmful toxic effects of the entire  effluent are examined.  Such  an
 approach, called a general toxicity or a  whole effluent approach,  is usually  applied
 when control of a combination of pollutants  is desired, when  instream conditions  are
 complex, or when the State has not adopted numeric criteria for potential
 pollutants.17 These requirements will  be expressed  in  terms of specific  toxicity
 testing procedures or whole effluent toxicity  limits.  Although  these requirements
 are non-numerical, the substantive aspects of  the requirements, if promulgated, are
 potential ARARs for CERCLA discharges.

       Even when State standards rely on narrative criteria, such  as  "no  toxics  in
 toxic amounts," the State is required  by  40  CFR section 131.11(a)(2)  to  support the
 narrative criteria with specific methods  for identifying,  analyzing,  and limiting
 point-source discharges of toxic pollutants. These methods, if  promulgated, are then
 incorporated into the State water quality  standards. According  to the EPA  Water
 Quality Standards Handbook, support for narrative criteria includes  the
 specification of such factors as:  (1)  toxicity bioassay test;  (2)  number and  type of
 indicator organisms;  (3) application  factors;  (4) water body  design  conditions; and
  (5) instream biological sampling procedures.18  Any  pertinent State policies or
 guidance
         See Chapter 3 of Part I for more information on the regulation of toxic
 effluents.
       1 &
         The Water Quality Standards Handbook cites the Pennsylvania Water Quality
 Standards  as illustrating the standard-setting process. In  Pennsylvania, there  are
 certain parameters for which criteria have been  established.  However, the
 Pennsylvania regulations also apply to  substances  for which specific  criteria have
 not been established  ("... the general  criterion that these substances shall not be
 inimical or injurious to the designated water use  applies").  The  Pennsylvania
 standards  define technical procedures to be used to establish a "safe concentration
 value."

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 used to interpret the narrative criteria, while not ARARs,  should be  considered  in
 determining the remedy.

       Toxics Discharge Prohibitions

       A number of States have considered administering  general prohibitions  on the
 discharge of toxic pollutants that are  known carcinogens  or are  known to  exhibit
 other qualities of toxicity. Limitations on the amount  of the discharge vary on  a
 State-by-State basis in the States' proposals. In addition,  the  definition of a
 facility that is regulated by the prohibition may vary  in the States'  proposals.
 These requirements, if promulgated, may be applicable or  relevant and appropriate to
 CERCLA on-site discharges. It is important to note that it is necessary to examine
 the specific jurisdictional prerequisites of the law when identifying it  as  a
 potential ARAR.

       In one State, California, a toxics discharge prohibition has been enacted  into
 State law. Other States, including Oregon, Louisiana, New York,  Massachusetts,
 Missouri, Hawaii, and Tennessee, have been considering  proposals based on
 California's.

       If any of the proposed legislation in the States  listed above becomes
 promulgated in State statutes or regulations, careful attention  will  need to be
 given to the language that defines the  group of regulated facilities.  With respect
 to CERCLA actions, Regional staff may find it necessary to request a  legal
 interpretation of a definition from State officials.

       7.2.3 Antidegradation Requirements for Surface Waters

       As a condition for approval of State water quality  standards, EPA requires all
 States to adopt statutes or regulations that establish  a  policy  for controlling  the
 degradation of high quality waters  (waters for which existing quality is  higher  than
 "fishable/swimmable"). In addition, States may promulgate other  antidegradation
 requirements for surface waters which differ from those adopted  pursuant  to  the  CWA.
 If a CERCLA site cleanup involves a point-source discharge of treated effluent to
 high quality surface waters, a State's  antidegradation  statute may be an  ARAR for
 the new release. If protective State standards have been  promulgated  under an
 antidegradation statute, proposed CERCLA discharges to  high quality receiving waters
 could be prohibited or limited.

       Antidegradation statutes or regulations are typically expressed in  narrative
 and non-quantitative terms. However, pursuant to 40 CFR section  131.12, the  States
 must also identify the methods for implementing the antidegradation requirement,
 i.e., the State should identify the requirements or set of requirements through
 which the antidegradation goals are implemented on a site-specific basis. The
 requirement is typically referred to as an "antidegradation requirement"  (that is a
 requirement against degradation), but is sometimes called a "nondegradation
 requirement." The requirement may be located in any of  the States' water  quality
 standards that control point source discharges.
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       In general, antidegradation standards  for  surface waters differ  from  State  to
 State, but those which have been adopted pursuant to the CWA must  all  include  the
 following four components:

              1.    Requirements  for maintenance of existing instream
                   uses;

              2.    Requirements  for maintenance of high quality
                   waters, unless the State determines that
                   degradation is necessary to accommodate important
                   social and economic development;

              3.    Requirements  for maintenance of Outstanding
                   National Resource Waters  (ONRW); and

              4.    Requirements  for achievement of the highest
                   statutory and regulatory controls on point
                   sources of pollution before allowing degradation
                   of high quality waters.

       Although the goal of EPA's antidegradation policy is to ensure that
 States maintain the existing water quality of high quality waters  (which
 should be reflected by the water quality standards), the ultimate  test of the
 policy is whether all existing  instream uses are protected. State  requirements
 can recognize that water quality may be allowed  to deteriorate under specified
 circumstances, as long as instream uses are  protected. ONRW, however,
 represent a  special group of high quality waters. The ONRW designation
 probably would be reserved for  water in such areas as National or  State parks,
 wildlife refuges, and other waters of exceptional significance.  In contrast,
 it is the intention of the antidegradation policy to protect the existing
 quality of designated ONRW absolutely, i.e., for these waters, water quality
 and not instream uses is the prevailing criterion. States may prohibit new
 releases to  ONRW; this requirement, if promulgated, is a potential ARAR for
 CERCLA discharges to ONRW.

       In some cases where instream criteria  of water quality standards are  not
 being achieved, designated uses are also not being attained. If  the State is
 convinced that a designated use is not attainable, specified procedures must
 be followed  for changing the designation. It should be noted, however,  that
 the technology-based treatment  requirements  under §§301(b) and 306 of  the CWA
 represent the minimum level of  control that  must be imposed on wastewater
 discharges,  including CERCLA discharges. If  the  State is committed to
 achieving the designated use, all permits for new point-source discharges to
 the stream must reflect a level of treatment that will achieve the instream
 use. Although permits and other administrative requirements are  not ARARs for
 CERCLA discharges, achievement  of the instream use for a new release as a
 result of the CERCLA response action is a substantive requirement  and  is a
 potential ARAR for CERCLA discharges.

       The identification of State antidegradation requirements as  potential
 ARARs may pose some practical problems for Superfund remedial actions.  Because
 antidegradation statutes and regulations are often not expressed in
 quantitative terms, the State must additionally  specify the corresponding
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 requirements. Similarly, the necessary State determinations in these  statutes
 and regulations authorizing degradation are seldom quantitative. Therefore, it
 may require additional attention of State and Regional  staff to determine
 whether an on-site remedial action will result in degradation, whether that
 degradation threatens existing  (or potential) uses, and whether any necessary
 findings to authorize degradation can be made.

       7.2.4 Antidegradation Requirements for Ground Water

       Antidegradation requirements for ground water are increasingly  common in
 State laws. Generally, antidegradation laws are prospective and are intended
 to prevent further degradation  of water quality. At a CERCLA site, therefore,
 a State ground-water antidegradation law might preclude the injection of
 partially treated water into a  pristine aquifer. It would not, however,
 require cleanup to the aquifer's original quality prior to contamination, nor
 would it preclude the reinjection of partially treated  water back into the
 already contaminated portion of the aquifer as long as  the reinjection does
 not increase the existing level of contamination.

 7.3   THE PROCESS OF COMMUNICATING STATE ARARs

       7.3.1 Procedures for Ensuring Timely Communication of State ARARs

       CERCLA §121(d)(2)(A) requires States to identify  ARARs "in a timely
 manner." Timely communication of ARARs allows their efficient and complete
 consideration during the RI/FS  process. It avoids duplication of effort and
 other time-consuming activities. This Section describes how the objective of
 timely identification and communication of State ARARS  should be met.

       The proposed revisions to the NCP describe a specific set of
 relationships between lead and  support agencies. This Section first discusses
 the responsibilities of the State in the identification of State ARARs. It
 then describes critical points  in the remedial process  that require
 communication of State ARARs. The last Section describes the process  of
 resolving disputes between EPA  and the State in the event of a disagreement.

       7.3.1.1 The Roles of the  State

       The design and implementation of remedial actions can occur best when
 lead and support agencies work  together in a partnership arrangement. CERCLA,
 as amended, and the proposed revisions to the NCP establish particular points
 at which interaction between lead and support agencies  must occur in  the pre-
 remedial and remedial response  processes. This section  describes the
 responsibilities of the State and EPA under two scenarios:

              !     When the State serves as support agency; and

              !     When the State serves as lead agency.

       The responsibilities in identifying State ARARs,  to a large extent,
 remain the same whether the State assumes the lead or support agency  role.


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 When the State is the  support agency, however,  the procedural  issues  regarding
 State ARARs communication become more critical.  This  role  is enhanced because
 the consideration of State ARARs will depend  upon the State's  timely
 communication of adequately documented  State  ARARs to EPA.  Features of the
 State's roles as support and lead  agency  are  highlighted below.

       The responsibilities of the  State as  the  support agency  are  to:

              !     Receive and review information from EPA  about
                   the  nature of the contamination at  the site  and
                   the  preliminary  remedial  alternatives being
                   considered;

              !     Interact/ensure  coordination  with all
                   appropriate State personnel for input on
                   potential ARARs;

              !     Identify chemical-specific  and location-specific
                   State ARARs during the  site characterization
                   phase of the RI/FS;

              !     Identify action-specific  ARARs after the initial
                   screening of alternatives;

              !     Provide justification of  State ARARs selected
                    (e.g., promulgated, more  stringent,  applicable
                   or relevant and  appropriate (see Section 7.3.2))
                   and  respond in writing  to EPA's requests in  a
                   timely manner; and

              !     Review the ROD for EPA's  selection  of ARARs  and
                   any  waivers of State  ARARs.

       The State as the lead agency has  the  responsibility  to:

              !     Develop information about the site  and the
                   nature of the contamination,  as well as  about
                   the  remedial alternatives being considered;

              !     Prepare an ARARs request  to EPA;

              !     Interact/ensure  coordination  with all
                   appropriate State personnel for input on
                   potential ARARs;

              !     Identify site-specific  State  ARARs  during the
                   appropriate points in the RI/FS process;

              !     Identify any waiver in  the  Proposed Plan; and

              !     Document ARARs in the ROD.

 The State, in either role, retains responsibility for identifying  State ARARs and
 communicating them in  a timely manner.  EPA, in  either role, retains sole
 responsibility for making the final selection of ARARs for the site.  In addition,
 the final authority to waive ARARs remains  solely with EPA.

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       7.3.1.2 Critical Points in the Remedial Process for the  Identification and
 Communication of State ARARs

       Several points in the remedial process are particularly  important in  terms  of
 ARARs identification and communication. ARARs identification is generally tied  to
 preparation of key documents  (for example, the RI/FS report) and is critical for
 making decisions  (for example, the selection of the preferred  alternative for the
 Proposed Plan). The two key points during the remedial process that require ARARs
 identification and communication take place during preparation of the RI/FS report.
 If State ARARs are identified during other points in the remedial process,  such as
 after the preparation of the Proposed Plan or after the ROD is adopted, EPA will
 consider the ARAR according to the processes described below.

       The following description of the critical phases for the communication of
 State ARARs assumes that EPA and the State play the roles of the lead and support
 agencies, respectively.

       During Preparation of the RI/FS: The proposed revisions  to the NCP indicate
 that EPA and the State are to initiate discussions about potential ARARs and TBCs
 during the scoping phase of the RI/FS. Formal letters of request that will  require a
 timely response from the State are to be prepared by EPA at two points during the
 RI/FS process. First, EPA, as the lead agency, should request  in writing potential
 chemical- and location-specific ARARs from the State no later  than the time at  which
 site characterization data are available. After the initial screening of
 alternatives has been completed  (but prior to the initiation of the comparative
 analysis), EPA should request in writing that the State communicate any
 action-specific ARARs and any additional potential ARARs that may have been
 identified based on new information about the site. The State  should communicate
 potential State ARARs and TBCs in writing to EPA within 30 days of receipt  of EPA's
 letters of request.

       Following Preparation of the Proposed Plan: There are several reasons why it
 is critical that the State identify all potential State ARARs  for a particular
 response action prior to preparation of the Proposed Plan. First, EPA, as the lead
 agency, in consultation with the State, is responsible for identifying a preferred
 remedial alternative for public comment. In making this determination, it is
 critical that all potential State ARARs have been identified,  analyzed, and fed into
 the decision-making process. Second, State ARARs are an integral part of determining
 the standards of control and the remediation levels which assist in fashioning  the
 hazardous waste management approaches. And finally, the timely identification of
 State ARARs will ensure that the public  (including PRPs) and EPA will have  an
 adequate opportunity to comment on the information pertaining  to the remedial
 alternatives, including any proposed waivers from State ARARs.

       The public comment period should not be used by States as an opportunity  to
 identify potential State ARARs that could have been identified and submitted to EPA
 in a timely manner. Nevertheless, a situation may arise where  a potential State ARAR
 is identified and submitted to EPA during the
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 public comment period. When this occurs, EPA will need  to  give  consideration  to  this
 new information, as it would any significant comment, criticism,  or new data
 submitted during this comment period.  In analyzing this new  information, EPA  should
 determine if it is an applicable or  relevant and appropriate requirement.  If  so,  the
 ARAR should be incorporated into the pertinent  remedial alternatives  and factored
 into the final decision making process. Where that ARAR prompts  a significant change
 to the information presented in the  proposed plan, the  lead  agency must either
 document the change in the ROD, or,  in some instances,  seek  additional public
 comment.  (The Guidance on Preparing  Superfund Decision  Documents:  the Proposed Plan
 and Record of Decision, OSWER Directive 9355.3-02, June 1989, provides criteria  for
 making this determination.)

       After the ROD is Adopted: After  the ROD has been  signed,  newly  promulgated
 State ARARs may be identified that could potentially  cause EPA  to change the  remedy
 selected in the ROD. EPA will incorporate the new State ARAR into the remedial
 action if it is based on new scientific information that demonstrates that the
 proposed remedy is no longer protective. This reevaluation will  generally  take place
 at the 5-year review. For any other  newly-promulgated State  ARARs not meeting the
 aforementioned criteria, or any existing State  ARARs  not previously identified
  (i.e., not submitted in a timely manner), the EPA will  use its  discretion  to
 determine whether to incorporate them  into the  remedial action.

       7.3.1.3 Dispute Resolution19

       The proposed revisions to the  NCP outline a dispute  resolution  process  that
 the Regions and States can use during  the remedial action  process. Typically,
 conflicts regarding ARARs identification are to be resolved  by  negotiation at the
 staff and management levels between  the Regional office and  the  State, with
 assistance from EPA Headquarters, if warranted. Regardless of the dispute  resolution
 process adopted by the Region and the  State, it should  be  applied to  any differences
 that might impede the response process. Unresolved disputes  may  ultimately be
 decided by the Assistant Administrator for Solid Waste  and Emergency  Response, if
 necessary.

       7.3.2 Documentation of State ARARs

       At those sites for which the State is not the lead agency,  it is incumbent
 upon whomever is conducting the RI/FS  to provide sufficient  information about the
 site and remedial alternatives to permit the State to identify  potential ARARs.  In
 addition, it is the responsibility of  the State to provide EPA  with adequate
 information to enable EPA to determine which of the potential State ARARs  are
 actually ARARs at the site under the various remedial alternatives.
       19 This  section refers  to  procedures  to be  followed in the absence of a
 Superfund Memorandum of Agreement  (SMOA),  which  is discussed in Section 7.3.3.

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       The State, as support agency,  should  seek  to  anticipate  some  of  the  questions
 that EPA might  raise concerning potential State  ARARs. The  State  should  substantiate
 its submission  by including the following:

              !     Promulgated: evidence that  the requirements  are
                   legally enforceable and of  general
                   applicability, e.g., a bill  or statute number,
                   date of enactment  or effective date, or
                   description of scope;

              !     More Stringent:  evidence  that  the requirement
                   meets the criteria for stringency described  in
                   Section 7.1.2; and

              !     Applicable or Relevant and Appropriate: a
                   description of the connection  between the
                   statute, regulation, or provision and the site
                   characteristics/remedies.20

       ARAR identification is a site-specific process. To ensure complete
 consideration of a State's concern in the remedial  design process,  it  is important
 for the State to point out the connection between the ARAR  it  identifies and  the
 characteristics of the site or remedial alternatives under  consideration.  When  the
 State is providing ARAR information  to EPA, the  State should explain in  as clear  and
 succinct a manner as possible the  reasons that each requirement is  proposed as  an
 ARAR. A timely  communication of ARARs is one  that can be used  without  numerous
 requests for clarification and detail. Because in many cases only sections of a
 State statute or regulation may be ARARs, it  is  important for  the State  to
 accurately identify particular provisions and  to provide references and  citations to
 clarify its intent.

       7.3.3 Superfund Memorandum of Agreement  and ARARs

       The Superfund Memorandum of  Agreement (SMOA)  delineates  the working
 relationships between States and EPA Regions  and defines their roles and
 responsibilities.21 CERCLA, as amended, provides  for a cooperative Federal  State
 relationship in all cleanup activities: pre-remedial, remedial, and enforcement.  A
 SMOA is the mechanism through which non-site-specific, Federal-State roles are  to be
 delineated. SMOAs are not mandatory but are strongly encouraged by  EPA.

       In terms  of ARAR identification, the  SMOA  can become  the mechanism that:

              !     Defines the requirements  for interaction,
                   including timeframes for  review of response
                   process documents  and materials;  and
       20 This analysis is consistent with that of Federal requirements. See Section
 1.2.4 of Part  I.

         For more information on SMOAs, see Draft Guidance on Preparing a Superfund
 Memorandum of  Agreement  (SMOA), OSWER Directive  9375.0-01.

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              !     Establishes  a process  for  resolving  disputes
                   about implementation of  the  procedures  in  the
                   SMOA or  any  site-specific  assignments.

       A SMOA cannot identify in advance  which  State  requirements  are  ARARs  for
 specific sites. However, by establishing responsibilities for each  party in
 identifying, communicating, and documenting  ARARs  and  TBCs,  the Agency hopes  to
 minimize disputes between  EPA  and  the States.  The  SMOA establishes  a  working
 relationship that will protect the technical and substantive interests of all
 parties, without introducing excessive administrative  procedures  or delay.

       SMOAs are negotiated to  cover all  Superfund  activities in a State and should
 form the basis of subsequent site-specific agreements.  The provisions of a  SMOA
 should remain applicable for a number of years, although  annual review and  minor
 modifications may be  required.
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                                      APPENDIX A

                POTENTIAL CLEAN AIR ACT ARARs FROM CLEAN AIR ACT PART C
                       (PREVENTION OF SIGNIFICANT DETERIORATION)
       This appendix provides information  on  the  requirements  contained  in  Part  C  of
 the Clean Air Act  for the prevention  of significant  deterioration  (the  PSD program)
 of air quality in  attainment  (or unclassified) areas.

 A.I PSD CLASSIFICATION AND  IMPLEMENTATION

       The PSD regulations  (40  CFR  Part 52) classify  PSD  areas as either Class I,
 Class II, or Class III.1 Each classification differs in the amount of growth it will
 permit before significant air  quality deterioration  would  be  deemed  to  occur.
 Significant deterioration is said  to  occur when  the  amount of new  pollution would
 exceed the applicable maximum  allowable increase ("increment"), the  amount of which
 varies depending upon the classification  of  the  area.  The  reference  point  for
 determining air quality deterioration in  an  area is  the  baseline concentration,
 which is essentially the ambient concentration existing  at the time  of  the first  PSD
 permit application submittal affecting that  area.  To date,  PSD increments  have  been
 established only for sulfur dioxide,  nitrogen dioxide, and particulate  matter2  (see
 Exhibit A-l).

       PSD requirements are  implemented through a pre-construction  review process,
 conducted either by EPA, or by the State, if EPA has approved the  State's  PSD plan
 or if the State has been delegated EPA's  authority.  The  review process  requires that
 new major stationary sources and major modifications be  carefully  reviewed prior  to
 construction to ensure compliance  with the NAAQS and the applicable  PSD air quality
 increments and application  of  the  best available control technology  (BACT)  on the
 project's emissions of all  regulated  pollutants  (i.e., pollutants  regulated under
 NAAQS, NESHAPs, and NSPS).  Moreover,  if application  of a control system results
 directly in the release of  pollutants that are not currently  regulated  under the
 CAA, the net environmental  impact  of  such emissions  must be considered  in  making  the
 BACT determination for pollutants  that are regulated.
        Class  I areas have the  smallest  increments  and  thus  allow only a  small
 degree of air quality deterioration. Certain wilderness  areas  and national  parks  are
 mandatory Class  I areas  (see 40 CFR  section 51.166). Class  II  areas  can  accommodate
 normal well-managed growth. Class  III designations  have  the largest  increments  and
 are appropriate  for areas desiring a larger amount  of  development (currently, no
 areas have been  designated Class III).  In  no case  is the air quality of  an  area
 allowed to deteriorate beyond  the  NAAQS. With  the  exception of the mandatory Class I
 areas, all clean areas in the  country were initially designated as Class II.

        PSD increments for particulate matter less  than 10 microns in particle size
  (PM10) are under  development.
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                                       EXHIBIT A-l

                                ALLOWABLE PSD INCREMENTS3
                                          (• g/m3'
                                  Class I
              Class  II
                  Class III
      Sulfur  Dioxide

             !      annual
             I
                   24-hour
2

5b
20

91b
 40

182b
                   3-hour
                                    25b
                 512b
                     700b
      Total  Suspended
      Particulate Matter

             !      annual
                  19
                      37
                   24-hour
                                    10b
                 37b
                      75b
      Nitrogen Dioxide
                   annual
                                    2.5
                 25b
                      50b
  40 CFR  section 52.21(c)
  Not  to  be exceeded more than once per  year.
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 A.2 APPLICABILITY OF PSD REVIEW

      A.2.1  Stationary  Source

      A  stationary  source  generally includes  all  pollutant-emitting
 activities that belong to the same industrial grouping, are located
 on contiguous or adjacent properties, and are under common control.
 Thus, all emissions points at a Superfund site would be considered
 one stationary source for purpose  of determining applicability of  PSD
 review. However, only major new sources or major modifications are
 subject to this review. Source size is defined in terms of "potential
 to emit," i.e., the capability at  maximum design capacity to emit  a
 pollutant after the application of all required air pollution control
 equipment and after taking into account all  Federally enforceable
 requirements restricting the type  or amount  (e.g., prohibition on
 nighttime operation) of source operation.3

      A.2.2  Major Source or Major  Modification

      A  "major  stationary  source"  is  any new  source  type belonging  to
 a list of 28 source categories, e.g., petroleum refineries or primary
 lead smelters, that emit or have the potential to emit 100 tons per
 year or more of any regulated pollutant. The source categories are
 identified at 40 CFR section 52.21(b)(1)(i)(a))  (see Exhibit A-2).
 Any other source type  (e.g.,  pollutant-emitting activities during  a
 Superfund cleanup action)  that emits  (or has the potential to emit)
 250 or more tons of any regulated  pollutant  per year is also
 considered a major source. If Federally enforceable controls are
 imposed that limit emissions to less than 250 tons per year, PSD
 requirements will not apply.

      Where  there is an existing major  stationary source,  a  Superfund
 site could trigger a "modification" to that  source. A "major
 modification" is generally a physical or operational change in a
 major stationary source that would result in a "significant" "net
 emissions increase" for any regulated pollutant. Specific numerical
 cutoffs that define "significant"  increases  are identified in 40 CFR
 section 52.21(b) (23) (see Exhibit  A-3). A Superfund site would be
 considered a modification to an existing source  (e.g., an ongoing
 industrial facility) only where the site is  physically connected to
 or immediately adjacent to the existing source, a responsible party
 (RP)  is conducting the cleanup, the  (RP) is  also the owner or
 operator of the existing source, and the CERCLA site is somehow
 associated with the operations of  the existing source. Cleanup
 actions conducted by other than the owner or operator of the adjacent
 facility would not be considered a modification to the existing
 source. This is consistent with the interpretation of
       3 "Federally enforceable" means that:  (1) the restriction must
 be required by a Federal or State permit granted under the applicable
 SIP or embodied in the SIP itself, and  (2)  the source and/or the
 enforcement authority must be able to show  compliance or
 noncompliance.

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                               EXHIBIT A-2

                      NAMED PSD SOURCE CATEGORIES6
 1.    Fossil  fuel-fired steam electric plants of more than 250
       million Btu/hr input

 2.    Coal  cleaning plants (with thermal dryers)

 3.    Kraft pulp  mills

 4.    Portland cement plants

 5.    Primary zinc  smelters

 6.    Iron  and steel mill plants

 7.    Primary aluminum  ore reduction plants

 8 .    Primary copper smelters

 9.    Municipal incinerators  capable of charging more than 250 tons
       of  refuse per day

 10.   Hydrofluoric  acid plants

 11.   Sulfuric acid plants

 12 .   Nitric  acid plants

 13.   Petroleum refineries

 14 .   Lime  plants

 15.   Phosphate rock processing plants

 16.   Coke  oven batteries

 17.   Sulfur  recovery plants

 18.   Carbon  black  plants (furnace process)

 19.   Primary lead  smelters

 20.   Fuel  conversion plants

 21.   Sintering plants
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                         EXHIBIT A-2  (continued)

                       NAMED PSD SOURCE CATEGORIES
 22.   Secondary metal production plants

 23.   Chemical process plants

 24.   Fossil fuel boilers (or combinations thereof) totaling  more
       than 250 million Btu/hr heat input

 25.   Petroleum storage and transfer units with a  total  storage
       capacity exceeding 300,000 barrels

 26.   Taconite ore processing plants

 27.   Glass fiber processing plants

 28.   Charcoal production plants
 aSource:  40 CFR section 52.21(b) (1)(i)(a;
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                               EXHIBIT A-3

                       SIGNIFICANT  EMISSION RATES
                 FOR  DETERMINING PSD MAJOR MODIFICATIONS5
       Pollutant
Emissions Rate  (tons/yr)
       Carbon monoxide

       Nitrogen oxides

       Sulfur dioxide

       Particulate matter
          (Total  Suspended Particulates)

       PM10

       Ozone (VOC)

       Lead

       Asbestos

       Beryllium

       Mercury

       Vinyl chloride

       Fluorides

       Sulfuric acid mist

       Hydrogen sulfide  (H2S)

       Total reduced sulfur
          (including H2S)

       Reduced sulfur compounds
          (including H2S)

       Any other pollutant regulated
          under the  Clean Air Act
100

40

40

25


15

40  (of VOCs)

0.6

0.007

0.0004

0.1

1

3

7

10


10


10


Any emission rate
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                         EXHIBIT A-3  (Continued)

                        SIGNIFICANT EMISSION RATES
                 FOR DETERMINING PSD MAJOR MODIFICATIONS5
       Pollutant
Emissions Rate  (tons/yr)
       Each regulated pollutant
Emission rate that  causes
an air quality  impact  of 1
• g/m3 or  greater  (24-hour
basis) in any Class  I  area
located within  10 km of
the source
        Extracted from 40 CFR  section 52.21(b)(23).
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 modification under the CAA, i.e., only changes to a facility by the
 owner or operator may be considered modifications.

       Fugitive  emissions  are not  to  be  considered in  determining
 whether a source would be a major source  (i.e.,  the 100 or 250
 tons/year threshold), except when such emissions come from source
 categories listed in 40 CFR section 52.21(b) (1) (c) (iii) . Fugitive
 emissions are those emissions that cannot reasonably be expected to
 pass through a stack, vent, or other functionally equivalent opening,
 such as a chimney, roof vent,  or roof monitor. Fugitive emissions
 would not be counted in with CERCLA site emissions unless the site is
 considered a modification to one of the listed source categories.

       To determine whether  a modification' s  "net  emissions  increase"
 would qualify as "significant," the potential to emit resulting from
 the physical or operational change must be determined. This amount is
 added to any other increase or decrease in actual emissions at that
 source (i.e., the source adjacent to the Superfund site) that are
 contemporaneous with the particular change  (within the preceding 5
 years, or in the case of an approved State program, such other period
 that may be specified therein) and are otherwise creditable.4 If  the
 total exceeds zero,  a net emissions increase is  considered to result
 from the change. For example,  if the net emissions increase  (i.e.,
 the net difference between the Superfund cleanup activity and
 increases/decreases at the adjacent facility) is larger than the
 numerical cut-offs for significant increases  (see Exhibit A-3), then
 the modification is a "major modification."

       A.2.3   PSD Area

       PSD  requirements will be applicable  to  a  Superfund action when
 such action is a major source or modification for any criteria
 pollutant and the source is located in a PSD area. A PSD area is one
 which the State has designated as an attainment  area  (or not
 classified because of lack of data).  (An area designated as a
 non-attainment area is not a PSD area.) Although the area may be
 designated as an attainment area for one or more criteria pollutants,
 substantive PSD requirements would cover any criteria pollutant
 emitted on site by a major source or modification at a Superfund
 site .

       A.2.4   Pollutants  for Which Area  Is  PSD

       Once the  lead  agency  has determined  that  the  Superfund  actions
 may be a major source or modification located in a PSD area, further
 analysis of potential emissions should be done to determine which
 pollutants will be emitted. A PSD area may also  be designated
 non-attainment for particular pollutants. In such a case, if
 emissions were expected to contain pollutants
       4 A contemporaneous increase or decrease is creditable only if
 the relevant reviewing authority has not relied on it in issuing a
 PSD or other CAA permit for the source, and that permit is still in
 effect when the increase in actual emissions from the particular
 change occurs.
                                   A-E

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 for which the area is designated attainment and pollutants for which
 the area is designated non-attainment, both PSD and non-attainment
 (new source -- see Section 2.1.3 of Chapter 2 of Part  II)
 requirements would be potential ARARs.

      A.2.5    PSD  Review Applies  to Significant  Emissions

      The PSD  review  applies  to all significant  emissions of
 regulated air pollutants at  a major new source, and to  significant
 net increases at  a major modification  (see Exhibit A-3).5 In
 addition, an emission is still considered "significant"  if the major
 source is constructed within 10 kilometers of a Class  I  area and has
 an impact on such an area equal to or  greater than 1 microgram/cubic
 meter  (24-hour average) for  any regulated pollutant. See  40 CFR
 section 52.21(b) (23)  (iii) .

      The PSD  regulations  contain  specific  exceptions  for some  forms
 of construction.  For example, PSD  review requirements  do  not apply  to
 a major source or modification that is a:

               •    Nonprofit health  or  educational  institution when
                   such  exemption  is requested  by the  governor;  or

               •    Portable  source  which has  already received  a  PSD
                   permit and  proposes  relocation.6

 A. 3  SUBSTANTIVE  REQUIREMENTS OF  PSD  REVIEW

      A.3.1    Best Available  Control Technology

      Any major  source  or modification subject to  PSD  review  (a "PSD
 source") must ensure application of BACT. BACT  requires  the maximum
 degree of reduction of continuous  emissions achievable  for each
 regulated pollutant.  The analysis  to  determine what BACT  is for a
 particular source must evaluate the energy, environmental, economic,
 and other costs associated with each  alternative technology, and the
 benefit of reduced emissions that  the  technology would  bring  (some
 States consider the duration of emissions in  this analysis.)
       5 In  determining whether the emissions of a particular pollutant
 are "significant," the net amount of emissions  from all emissions
 points within a source is estimated.

       6 Other conditions for obtaining a portable source exemptions
 are that:  (1) emissions at the new location will not exceed
 previously allowed emission rates;  (2) emissions at the new  location
 are temporary; and  (3) the source will not adversely affect  a Class  I
 area or contribute to either any known increment or violation of a
 NAAQS. The source must provide reasonable  advance notice to  the
 reviewing authority  of the relocation.
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       BACT  is  applied  at  each  emissions  point,  and is  required for
 each  regulated pollutant being emitted by the  source  in significant
 amounts  (see Exhibit A-3). Moreover, the BACT  analysis must also
 consider emissions of nonregulated toxic pollutants in determining
 BACT  for a regulated pollutant. Thus, for example, if two alternative
 control devices would provide the same degree  of  reduction in
 emissions of the regulated pollutant, but one  of  them is more
 effective in controlling unregulated toxic emissions, that device
 would be more appropriate as BACT. In addition, if there is no
 economically reasonable or technologically feasible way to accurately
 measure the emissions, and hence to impose an  enforceable emissions
 standard, the source may be required to use source design,
 alternative equipment, work practices, or operational standards to
 reduce emissions of the pollutant to the maximum  extent.

       A.3.2    Ambient  Air Quality Analysis

       Each  source or modification undergoing  PSD review must perform
 an air quality analysis to demonstrate that its new pollutant
 emissions will not cause or contribute to air  pollution in violation
 of either the applicable NAAQS or PSD increment.7 This analysis must
 be based on the applicable Air Quality Models  (EPA-450/2-78-027R) or
 an approved substitute. The six basic steps in an air quality
 analysis are as follows:

               •   Define  the impact  area of the proposed major
                  source  or major modification  for each applicable
                  pollutant. To properly establish the impact  area
                   (i.e.,  where  the applicable emissions will have  a
                  significant  impact  on  ambient concentrations)  in
                  order  to determine  compliance with  applicable
                  NAAQS  and increments,  the PSD source should
                  consult the  review  agency dispersion modeling
                  contact to receive  concurrence on:

                        Selection of  an appropriate dispersion
                        model;

                        of adequate  and representative
                        meteorological data;
                        and

                        Techniques  and assumptions to be used in
                        the  analysis.8
       7 Some States may exempt a temporary source  (e.g., fugitive dust
 from  construction operations) from the increment  analysis for
 particulate matter  (see below).

       8 The latest revisions of the EPA documents  Guideline on Air
 Quality Models  (revised, July 1986, and Supplement A,  1987) and the
 Guidelines for Air Quality Maintenance Planning and Analysis, Volume
 10  (October 1977) serve as helpful guidelines for acceptable
 dispersion modeling. However, since no two scenarios are identical,
 it is the PSD source's responsibility to consult  with  the review
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                   Determination  of  the  impact  area  of the  proposed
                   source  must  include all  direct  emissions,
                   including  both stack  and quantifiable  fugitive
                   emissions  of applicable  pollutants,  and
                   "Secondary emissions." Secondary  emissions  are
                   those that would  occur as a  result  of  the
                   construction or operation of the  proposed  source,
                   but  do  not come from  the source itself (e.g.,
                   off-site  support  facilities) . However, temporary
                   emissions, such as those related  to construction,
                   need not be  considered.

               *    Establish  appropriate inventories.  The PSD  source
                   is required  to compile an emissions inventory of
                   applicable criteria pollutants  that have been
                   demonstrated to result in significant  impacts.  In
                   addition,  an inventory of applicable noncriteria
                   pollutants may be required to determine  if  these
                   pollutants exist  or will exist  in high
                   concentrations that may  pose a  threat  to human
                   health  or  welfare. Actual emissions should  be
                   used to reflect the impact that would  be detected
                   by ambient air monitors.

               •    Determine  existing ambient air  concentrations for
                   these pollutants.  The air quality analysis  for
                   criteria pollutants consists of ambient
                   monitoring data that  represents air quality
                   levels  in  the  last year's period  preceding  the
                   PSD  application.  EPA  has published  specific
                   guidelines for a  PSD  source  in  Ambient Monitoring
                   Guidelines for Prevention of Significant
                   Deterioration.  The use of existing  representative
                   air  quality  data  will be permitted  in  lieu  of
                   site-specific  monitoring where  the  data  are
                   determined representative and adequate.  For
                   pollutants for which  NAAQS do not exist, the,
                   required analysis will normally be  based on
                   dispersion modeling alone. Further,  de minimis
                   increases  of pollutants  are  exempt  from
                   monitoring requirements  (see Exhibit A-4).

               *    Determine  how  much of the increment is available.
                   Sources that propose  to  emit sulfur dioxide,
                   nitrogen dioxide,  or  particulate  matter  must also
                   perform an analysis to compute  how  much  of  the
                   PSD  increment  in  that area remains  available to
                   them (see  Exhibit A-l).Increment, concentration
                   is,  in  general, that  portion of ambient  air
                   concentration  in  an area which  results from:
 agency to ensure that the methods and procedures to be used in
 performing the dispersion modeling are appropriate.
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                              EXHIBIT  A-4

                    DE MINIMIS AIR QUALITY IMPACTS
                          (PSD APPLICABILITY)3

 Carbon monoxide --  575  • g/m3, 8-hour average;

 Nitrogen dioxide  --  14  »g/m3, annual average;

 Total suspended particulate  --  10  »g/m3, 24-hour  average;

 PM10 -- 10 »g/m3,  24-hour average;

 Sulfur dioxide -- 13  • g/m3 ,  24-hour average;

 Ozone;b

 Lead -- 0.1 »g/m3, 24-hour average;

 Mercury -- 0.25 • g/m3, 24-hour average;

 Beryllium --  0.0005  •g/m3, 24-hour average;

 Fluorides --  0.25 •g/m3, 24-hour average;

 Vinyl chloride -- 15  • g/m3, 24-hour  average;

 Total reduced sulfur  --  10 •g/m3, 1-hour average;

 Hydrogen sulfide  --  0.04 • g/m3, 1-hour average;

 Reduced sulfur compounds 10  »g/m3, 1-hour average.
       a 40 CFR section  52.21(1) (4) (vii)

       b No de minimis air  quality level  is provided for ozone.
 However, any net  increase of  100 tons per year or more of volatile
 organic compounds  subject to  PSD would be required to perform an
 ambient impact analysis  including the gathering of ambient air
 quality data.
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               —  Actual  emissions  from any major stationary
                  sources on which  construction commenced January
                  6,1975; and

               --  Actual  emission  increases and  decreases  at all
                  stationary sources occurring after the baseline
                  date.

               The baseline  date is the date after the "trigger"
               date (August  7,  1977 for sulfur dioxide and
               particulate matter;  February 8, 1988 for nitrogen
               dioxide) when the first  complete  PSD application is
               submitted  by  a  proposed  major source or major
               modification. The area in which the baseline date is
               triggered  by  a  PSD  permit application is known as the
               baseline area.  In general,  increment consumption and
               expansion  are based  on actual emissions. However, if
               little  or  no  operating data are available,  as in the
               case of permitted emissions units  not yet in
               operation  at  the time of the increment  analysis,  the
               allowable  emission  rate  must be used.9

          •    Perform a  screening  analysis for  each applicable
               pollutant. This interim,  worst-case scenario analysis
               will primarily  provide the PSD applicant with some
               essential  data:

              -- An approximation  of the maximum downwind impacts;

              — A general  idea of the  location  of the maximum
                 impacts; and

              — Quick preliminary results.

          Both quantifiable  fugitive emissions  and stack emissions
          should be included in the screening analysis. In
          addition, if secondary emissions are  quantifiable and are
          expected to affect the  air quality in  the impact area,
          they should also  be  included  in the screening analysis.
          If the screening  analysis shows that  the source will not
          cause or contribute  to  a violation of  a NAAQS or PSD
          increment, no  refined analysis is required.
       9 "Allowable emissions" is defined at 40 CER section
 52.21(b)(16) as the emissions rate using the maximum rated capacity
 of the source and the most stringent of either NSPS/NESHAPs,  SIP
 limitation, or the emissions rate in a Federally enforceable  permit.
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            •   Perform a refined analysis to determine projected
                air quality resulting from emissions of applicable
                pollutants.  The objective is to determine with
                greater certainty whether the PSD source will in
                fact cause or contribute to air pollution that
                results in violation of either a NAAQS or a PSD
                increment. The refined dispersion modeling analysis
                will use the emissions inventory and all other data
                gathered up through the screening analysis.
                Concurrence from the reviewing agency is
                recommended before starting the analysis to confirm
                that the techniques used are considered valid.

         A.3.3  Other Impacts Analysis

         A source is required to analyze whether its proposed
 emissions increases will impair visibility or adversely impact  soils
 or vegetation.

         A. 3. 4  No Adverse Impact on a Class I Area

         If emissions from a source could impact a Class I area, the
 regulations require notification to the Federal Land Manager and  the
 Federal official charged with direct responsibility for managing
 these lands. If the Federal Land Manager demonstrates that emissions
 from a proposed source would impair air quality-related values, even
 though the emissions levels would not cause a violation of a NAAQS or
 the allowable air quality increment, the Federal Land Manager may
 recommend that the emission not be allowed.

         A.3.5  Other Requirements

         The regulations  solicit and encourage public participation in
 the PSD review process. Also, post-construction monitoring is
 sometimes required of the PSD source. However, de minimis amounts
 under 40 CFR section 52.21(1) (8) (see Exhibit A-4) may be  exempt from
 this requirement. This requirement may also be satisfied  by  existing
 monitors.

 A.4     NON-ATTAINMENT

         Any major source or major modification  (same definition as
 under PSD, except that 100 tons per year is the "major" size
 threshold for all source categories) that will emit NAAQS pollutants
 for which an area has been designated non-attainment must comply  with
 the requirements of Part D of the CAA with respect to those
 pollutants. Many air quality regions are currently non-attainment for
 ozone. The Part D requirements are as follows:

            •   Offsets.  At the time that the proposed new source
                is to begin operating,  total allowable emissions
                from all existing sources in the area,  including
                the proposed source,  must be "sufficiently less"
                than total emissions from existing sources allowed
                under the applicable SIP prior to the permit
                application.  The term "sufficiently less" means
                emissions
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             reductions that, when considered together
             with other SIP provisions, would constitute
             "reasonable further progress" toward
             attaining the NAAQS. This condition generally
             requires that the proposed source obtain an
             offset, i.e., secure an emissions reduction
             elsewhere in the impact area of emissions  ,of
             the pollutant (s) that it proposes to emit.
             The offset must be better than one to one,
             i.e., the reduction must be greater than the
             proposed emission. In addition, the reduction
             must be Federally enforceable. Some States
             may exempt temporary sources from this
             requirement.

          •   Construction moratorium. CAA §110 (a) (2) (I)
             provides that no major stationary source shall
             be constructed or modified in a non-attainment
             area if the emissions from the source will
             cause or contribute to concentrations of any
             pollutant for which the area is non-attainment
             unless the non-attainment plan meets the
             requirements of Part D. Major
             sources/modifications are subject to offset
             requirements and the construction moratorium
             only if they emit in major amounts the
             pollutant for which the area is designated
             non-attainment.

          •   Allowable concentrations. Emissions from the
             proposed source will not cause or contribute
             to concentrations in excess of the allowable
             concentration of the pollutant permitted of
             new and modified sources under the applicable
             non-attainment plan.

          •   Lowest achievable emissions rate. The proposed
             source must apply the lowest achievable
             emission rate  (LAER) control technology. LAER
             means for any source the more stringent rate
             of emissions based on either of the following
              (40 CFR section 51.165 (a) (1) (xiii) ) :

             -- The most stringent emissions limitation
                that is contained in the SIP of any  State for
                such class or category of stationary source,
                unless the owner or operator of the proposed
                stationary source demonstrates that  such
                limitations are not achievable; or

             — The most stringent emissions limitation
                that is achieved in practice by such class or
                category of stationary source.

             LAER must be at least as stringent as an
             applicable NSPS. The LAER requirement  (and
             other substantive
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             non-attainment new  source  review  provisions)
             applies to each  regulated  pollutant  emitted by
             a major new  source  in  a  "major" amount  --
             i.e., in excess  of  100 tons  per year — and by
             a major modification in  a  "significant" amount
              (see Exhibit A-3) for  which  the area is
             non-attainment.

          •   Statewide compliance by  the  owner/operator.
             The owner or operator  of the proposed source
             demonstrates that all  major  sources  that it
             owns or operates elsewhere in the State are in
             compliance with  all applicable emission
             limitations  and  standards, or are on a
             compliance schedule to do  so.

        *    Non-attainment plan. The attainment  plan
             is being implemented.

         If the proposed source or modification cannot meet
 all of these conditions,  it will not be allowed  to be
 constructed.
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                                                                           APPENDIX B

                                                FEDERAL/STATE  RELATIONSHIPS UNDER MAJOR ENVIRONMENTAL STATUTES
ACT TITLE
                                 Does  the  statute allow for or
                                 require  Federally author!zed
                                 State programs to carry out
                                 provisions  of the statute?
                                                                For those provisions that are
                                                                authorized to the State, must
                                                                the State program be identical
                                                                or equivalent ? Can the State
                                                                program be more stringent?
                                                                  Are there authorization
                                                                  provisions requiring the
                                                                  States to adopt changes as
                                                                  Federal regulations change?
Federal Water Pollution
Control Act  (Clean Water
Act)
States can be authorized to
administer and enforce all
provisions of statute,
[particularly through the
granting of NPDES permits,
general permits, Federal
facility permits, and dredge
and fill permits].

States, if authorized, must
develop compliance schedules
for effluent limitations
(§301), maximum daily load
requirements, water quality
standards  (§303), and toxic
chemicals listed in §307.

States must assess attainment
of water quality standards
and identi fy strategies to
achieve attainment of
standards.
Only EPA can establish
national effluent
limitations guidelines and
standards for industrial
categories of point-source
discharges [but permits may
be based on more stringent
State standards].
State program must be
"consistent" with all
provisions of the Clean Water
Act,  must meet minimum
regulations for State programs
as defined by 40 CFR Part  121
(certification of activities
requiring a federal permit) 4 0
CFR Part 123  (NPDES program),
and 40 CFR Part 233  (dredge and
fill program).

States may adopt and enforce
any discharge standard or
limitation or other requirement
respecting abatement of
pollution if not less stringent
than Federal requirements  (CWA
§510).
State program must at all
times be in accordance with
the Clean Water Act and
guidelines promulgated
pursuant to CWA. The statute
does not address how quickly
States must reflect changes
to the CWA or to Federal
guidelines or criteria.
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                                                                           APPENDIX B
                                                                     ONSHIPS UNDER MAJOR ENVIRONMENTAL STATUTES
                                                                           (continued)
ACT TITLE
                                 Does  the  statute  allow for or
                                 require  Federally author!zed
                                 State programs  to carry out
                                 provisions  of the statute?
                               For those  provisions  that  are
                               authorized to  the  State, must
                               the State  program  be  identical
                               or equivalent ?  Can the  State
                               program be more stringent?
                                  Are  there  authorization
                                  provisions requiring the
                                  States  to  adopt  changes as
                                  Federal  regulations change?
                                 States  may be  authorized to
                                 issue permits  and enforce
                                 regulations for hazardous
                                 waste TSD  facilities.

                                 States  must develop a
                                 continuing programs to
                                 compile, publish,  and  submit
                                 to  EPA  a complete inventories
                                 of  all  hazardous waste
                                 facilities in  the States.
EPA administers and enforces
regulations on export of
hazardous waste (RCRA
§3017).
HSWA regulations remain
under Federal jurisdiction
until State receives
authorization
State programs must be
"equivalent to Federal
programs," "consistent with
Federal and other approved
State programs," and must
provide "adequate" enforcement
of compliance with Federal
regulations. State programs ma^
be more stringent.
State programs must be
consistent with regulations
promulgated under RCRA. When
new Federal regulations are
promulgated under HSWA, EPA
has authority to issue,
deny, and enforce permits
until the State receives
interim or final
authorization for an amended
program.
                                 States  must  develop solid
                                 waste management  plans that
                                 prohibit  waste  disposal in
                                 "open dumps" and  that provide
                                 for  the closing or upgrading
                                 of all  existing open dumps.
                               State  solid waste  plans  must be
                               "consistent with the  minimum
                               requirements"  for  approved
                               State  programs.
                                  When  Federal  regulations are
                                  promulgated under RCRA,
                                  however,  the  regulations are
                                  not applicable  until  the
                                  State program (if an
                                  author!zed State)  adopts
                                  those regulations (must
                                  adopt within  2  years).
                                                                                                                                   State programs are
                                                                                                                                   inconsistent if they
                                                                                                                                   unreasonably restrict
                                                                                                                                   movement of hazardous waste
                                                                                                                                   across State border's or if
                                                                                                                                   they have no basis in human
                                                                                                                                   health or the environment
                                                                                                                                   and act as a prohibition on
                                                                                                                                   treatment, storage, and
                                                                                                                                   disposal of hazardous waste.
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                                                                          APPENDIX B
                                                                     ONSHIPS  UNDER MAJOR ENVIRONMENTAL STATUTES
                                                                          (continued)
ACT TITLE
                                Does  the  statute  allow for or
                                require Federally author!zed
                                State  programs  to carry out
                                provisions  of the statute?
                                Which  provisions  remain
                                under  exclusive  Federal
                                jurisdiction?
For those provisions that are
authorized to the State, must
the State program be identical
or equivalent ? Can the State
program be more stringent?
Are there authorization
provisions requiring the
States to adopt changes as
Federal regulations change?
                                 States may develop and
                                 enforce  detection,
                                 prevention,  and correction
                                 regulations for underground
                                 oil  and  hazardous  substance
                                 storage  tanks.

                                 States may enter into  A
                                 management agreement with the
                                 Department of  the  Interior to
                                 administer and manage  areas
                                 established for the
                                 conservation of endangered or
                                 threatened species.

                                 States may establish program
                                 for  conservation of all
                                 resident  Federally-designed
                                 endangered or  threatened
                                 species,  including
                                 enforcement of protective
                                 regulations.
                                Only  Department  of Interior
                                 (DOI) may  designate
                                endangered species and
                                critical habitats,
                                promulgate protective
                                regulations or prohibitions
                                under this Act,  and issue
                                exemptions from  these
                                regulations.
                                                                State UST regulations must be
                                                                "no less stringent" than
                                                                Federal UST regulations.  State
                                                                regulations may be more
                                                                stringent.
State laws regarding export or
import of endangered species
"must not permit any activity
prohibited under this Act, or
prohibit any act authorized by
an exemption under this Act."
State laws concerning the
taking of an endangered species
"may be more restrictive" than
Federal restrictions, "but not
less restrictive."..
Fish and Wildlife
Conservation Act of 1980
State may develop a
conservation plan and program
for non-same fish and
wildli fe not included in the
Endangered Species Act.
Program should provide an
inventory of fish and
wildli fe species and
determine actions to be taken
to conserve species and their
habitats.
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                                                                           APPENDIX B
                                                                     ONSHIPS UNDER MAJOR ENVIRONMENTAL STATUTES
                                                                           (continued)
ACT TITLE
                                 Does  the  statute allow for or
                                 require  Federally author!zed
                                 State programs to carry out
                                 provisions  of the statute?
                                Which  provisions remain
                                under  exclusive Federal
                                jurisdiction?
                                For  those  provisions that are
                                authorized to  the State,  must
                                the  State  program be identical
                                or equivalent ? Can the State
                                program be more stringent?
Are there authorization
provisions requiring the
States to adopt changes as
Federal regulations change?
Fish and Wildlife
Coordination Act
Rivers and Harbors Act
Wild and Scenic Rivers Act
State agency must be
consulted before any water
body in the State is modi fled
by a Federal agency; such
modi fication must be approved
jointly by head of State
agency, Federal agency
performing the action, and
Department of the Interior.

The building of bridges,
causeways, dams, or dikes
over navigable waters of  the
U.S. falls under State
authority only when the
navigable portions of such
waters are within the State's
boundaries and when
construction plans are
approved by the Army Corps of
Engineers.

Rivers designated as State
wild, scenic, or recreational
rivers may apply for Federal
designation as national wild,
scenic, or recreational
rivers.
Only Department of Interior
may acquire lands on which
modi fication of a water body
takes place, to ensure
protection of fish and
wildli fe.
                                                                 All other construction of
                                                                 bridges, causeways, dams, or
                                                                 dikes over U.S. navigable
                                                                 waters must be approved by
                                                                 Congress.  All regulation of
                                                                 such construction and other
                                                                 modi fication of these waters
                                                                 is administered and enforced
                                                                 by the Federal government.
                                                                 Department of Interior
                                                                 prepares comprehensive
                                                                 management plans for all
                                                                 national wild, scenic, and
                                                                 recreational rivers, with
                                                                 State consultation.
                               No  restrictions on State
                               regulations.
                               Management  program's for wild     N.A.
                               and  scenic  rivers may establish
                               plans  of "varying degrees of
                               intensity"  for the protection
                               and  development of the river.
                                Management  plane for rivers
                                receiving such designation
                                must  be  administered by the
                                State.

                                The  State may participate in
                                the  administration and
                                enforcemet  of management
                                plans for rivers designated
                                as wild,  scenic,  or
                                recreational  rivers by
                                Congress.
                                 Only the  Department of the
                                 Interior  is authorized to
                                 acquire lands and interests
                                 within boundaries of the
                                 national  wild,  scenic, or
                                 recreational river.
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                                                                              B-4

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                                                                           APPENDIX B
                                                                     ONSHIPS UNDER MAJOR ENVIRONMENTAL STATUTES
                                                                           (continued)
ACT TITLE
                                 Does  the  statute allow for or
                                 require  Federally author!zed
                                 State programs to carry out
                                 provisions  of the statute?
                                Which  provisions remain
                                under  exclusive Federal
                                jurisdiction?
                                For  those  provisions that are
                                authorized to  the  State,  must
                                the  State  program  be identical
                                or equivalent ? Can the State
                                program  be more stringent?
                                   Are  there authorization
                                   provisions requiring the
                                   States  to adopt changes as
                                   Federal regulations change?
Safe Drinking Water Act
S  National Primary Drinking
   Water regulations
Safe Drinking Water Act
S  Underground Injection
   Control (UIC)  programs
State may be author!zed to
administer and enforce
national primary drinking
water regulations  (including
MCLs and treatment technique
requirements)  and  secondary
drinking water regulations.
State may be author!zed to
issue and enforce UIC permits
and all Federal regulations
concerning underground
inj ection.
EPA may rescind, upon making
certain showings, variances
and exemptions granted by
the State.
State primary drinking water
regulations must be  "no less
stringent" than Federal
regulations and may  be more
stringent. State conditions for
granting variances or
exemptions must be no less than
the stringent conditions under
which Federal variances and
exemptions are granted.
Conditions may be more
stringent.

State regulations must be no
less stringent than  Federal UIC
regulations. May be  more
stringent.
State primary drinking water
regulations must be no less
stringent than Federal
standards promulgated under
Act. The statute and
regulations do not address
how quickly States must
adopt changes to the SDWA or
to Federal primary drinking
water regulations.
                                                                  State regulations must be no
                                                                  less stringent than Federal
                                                                  standards promulgated under
                                                                  Act. The statute does not
                                                                  address how quickly States
                                                                  must reflect changes to SDWA
                                                                  or to Federal guidelines or
                                                                  criteria.
- Wellhead Protection
                                 States  are  required to adopt
                                 program to  protect wells and
                                 recharge areas that supply
                                 public  drinking water systems
                                 from contamination.
                                 No  provision for State
                                 administration of Ocean
                                 Dumping Permit program or
                                 National  Marine Sanctuaries
                                 Program.  States may be called
                                 upon  to assist in enforcing
                                 permits.
                                 EPA is  responsible for
                                 publishing guidance to
                                 assist  States in preparing
                                 their wellhead protection
                                 programs  (No Federal
                                 requirements).
                                All  provisions of Act remain
                                under  Federal  jurisdiction,
                                including establishment and
                                enforcement  of Ocean Dumping
                                permit  regulations and
                                National  Marine Sanctuaries
                                Program.
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                                                                           APPENDIX B
                                                                     ONSHIPS UNDER MAJOR ENVIRONMENTAL STATUTES
                                                                           (continued)
ACT TITLE
                                 Does  the  statute  allow for or
                                 require Federally author!zed
                                 State programs  to carry out
                                 provisions  of the statute?
                                Which  provisions  remain
                                under  exclusive  Federal
                                jurisdiction?
                               For those  provisions  that  are
                               authorized to  the  State, must
                               the State  program  be  identical
                               or equivalent ?  Can the  State
                               program be more stringent?
Are there authorization
provisions requiring the
States to adopt changes as
Federal regulations change?
Uranium Mill Tailings
Radiation Control Act
National Historic
Preservation Act -
Preservation of historical
and archeological data
threatened by Federal agency
proj ect
State may implement and
enforce Uranium Mill
Licensing requirements and
issue licenses for uranium
processing and uranium
tailing depository sites.

State may develop  [and
receive Federal grants for] a
Coastal Zone Management
Program that includes the
authority to administer land
and water use regulations,
establish criteria and
standards for local or State
implementation, develop
siting standards for energy
and other facilities, and
make void local land and
water use regulations.

Approved State may prepare
and implement a comprehensive
statewide historic
preservation program and
nominate sites to the
National Register of Historic
Places.
                                                                 State program and any
                                                                 amendments to it must be
                                                                 approved by Department of
                                                                 Commerce.  Department may
                                                                 also overrule author!zation
                                                                 of projects within the
                                                                 coastal zone.
Department of Interior
authorized to regulate the
preservation of historical
and archeological data
threatened by proj ect
funded, permitted, or
implemented by a Federal
agency.
                               State  licensing  requirements
                               must be  "equivalent  or more
                               stringent"  than  Federal
                               standards.
                               No  Federal  program.  State
                               program must  meet  rules and
                               regulations for  such programs,
                               including the assurance that
                               local  land  and water use
                               regulations are  not
                               "unreasonably restrictive."
State requirements must be
equivalent to any
requirements ever
promulagated under this Act.
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                                                                           APPENDIX B
                                                                     ONSHIPS UNDER MAJOR ENVIRONMENTAL STATUTES
                                                                           (continued)
ACT TITLE
                                 Does  the  statute allow for or
                                 require  Federally author!zed
                                 State programs to carry out
                                 provisions  of the statute?
Which provisions remain
under exclusive Federal
jurisdiction?
For those provisions that are
authorized to the State, must
the State program be identical
or equivalent ? Can the  State
program be more stringent?
Are there authorization
provisions requiring the
States to adopt changes as
Federal regulations change?
                                 States  may establish [and
                                 receive Federal funding for]
                                 programs to prevent or
                                 eliminate unreasonable  risks
                                 to  health from toxic
                                 chemicals.  Such programs
                                 complement  but do not reduce
                                 the authority of EPA.
EPA retains primary
authority to administer and
regulate PCB processing,
storage, and disposal and
TCDD disposal.
States may not promulgate any
rule concerning a toxic
chemical regulated under TSCA,
unless that rule is:  (1)
identical to a Federal
requirement;  (2)  promulgated
under Clean Air Act or other
Federal law;  (3)  prohibits use
of such chemical; or  (4) is
granted an exemption  from EPA.
TSCA program only enforces
Federal laws.
N.A.  [EPA retains primary
regulatory and enforcement
authority.]
                                 States  must  adopt plan to
                                 implement, maintain,
                                 administer,  and enforce
                                 national  primary and
                                 secondary ambient air quality
                                 standards. States may be
                                 authorized to  enforce
                                 standards  of performance for
                                 new stationary sources, and
                                 national  emission standards
                                 for hazardous  air pollutants
                                 (NESHAPs).
EPA retains authority to
develop air standards under
the act, to determine the
adequacy of State plans, and
to promulgate regulations
for a State that are
necessary to bring a State
plan into accordance with
the Act.
State must "adequately" enforce
national primary and secondary
ambient air quality standards
and follow the minimum
requirements for State programs
contained in 40 CFR Part 51,
unless EPA allows for a
temporary emergency suspension
of such standards. States
retain authority to adopt
emission standards and
limitations and control
strategies more stringent than
those necessary to meet minimal
Federal ambient standards.
EPA will notify State of
necessary revision. If State
fails to adopt revised plan
within designated period,
EPA will propose new
regulations for State.
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                                                                          APPENDIX B
                                                                     ONSHIPS  UNDER MAJOR ENVIRONMENTAL STATUTES
                                                                          (continued)
ACT TITLE
                                Does  the  statute  allow for or
                                require Federally author!zed
                                State programs  to carry out
                                provisions  of the statute?
                                Which  provisions  remain
                                under  exclusive  Federal
                                jurisdiction?
                               For those  provisions  that  are
                               authorized to  the  State, must
                               the State  program  be  identical
                               or equivalent ?  Can the  State
                               program be more stringent?
                                  Are  there  authorization
                                  provisions requiring the
                                  States  to  adopt  changes as
                                  Federal  regulations  change?
                                 Some  States  have  adopted
                                 program to regulate  toxic air
                                 pollutants not  regulated by
                                 NESHAPS.  These  programs vary
                                 from  State to  State.
                                 The Act  establishes  no
                                 requirements  for  those State
                                 air toxic  programs.  EPA
                                 provides technical
                                 information to  States
                                 through  the National Air
                                 Toxics Information Clear-
                                 inghouse (NATICH) and  the
                                 Control  Technology Center.
Occupational Safety and
Health Act
Hazardous Materials
Transportation Act
State may assure
responsibility for developing
and enforcing OSHA standard
through Federally-approved
plan.
States may participate in the
enforcement of hazardous
waste regulations through the
Motor Carrier Safety
Assistance program. State has
some regulatory authority
over intrastate hazardous
waste transport [limited to
traffic control and
eliminating or reducing
safety hazards peculiar to
local areas].
Department of Labor may
retain authority to
promulgate and enforce OSHA
standards for at least first
three years of approved
State plan and until
Department of Labor
determines that OSHA
criteria are being
adequately enforced.

Department of Transportation
retains primary authority to
develop and enforce
hazardous waste
transportation regulations.
State standards must be "at
least as effective" in
providing safe and healthful
employment and places of
employment as Federal
standards.
State standards always must
be comparable to Federal
standards promulgated under
OSHA.
State laws concerning hazardous
waste transportation that are
inconsistent with Federal OSHA
requirements will be preempted
by Federal standards. Any state
may apply to have a State law
considered "consistent" or to
have an inconsistent law not be
preempted by Federal law.
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                                                                          APPENDIX B
                                                                     ONSHIPS  UNDER MAJOR ENVIRONMENTAL STATUTES
                                                                          (continued)
ACT TITLE
                                Does  the  statute  allow for or
                                require Federally author!zed
                                State  programs  to carry out
                                provisions  of the statute?
                                Which provisions  remain
                                under exclusive Federal
                                jurisdiction?
                               For those provisions  that  are
                               authorized  to  the  State, must
                               the State program  be  identical
                               or equivalent ?  Can the  State
                               program be  more stringent?
Are there authorization
provisions requiring the
States to adopt changes as
Federal regulations change?
Farmland Protection Policy
Act
State is given no specific
authority to regulate Federal
program activities that may
affect preservation of
farmland. State may be
provided technical assistance
to develop programs or
policies to limit the
conversion of farmland to
nonagricultural uses.
Department of Agriculture
develops criteria for
identi fying the effects of
Federal programs on the
conversion of farmland to
nonagricultural uses.
These criteria should be
used by Federal agencies to
take into account adverse
effects of their programs on
preservation of farmland and
to consider alternative
action.
Flood Disaster Protection Act
Fish and Wildlife Improvement
Act
In order to be eligible for
Federal flood insurance
coverage,  State must adopt
and enforce adequate land use
and control measures for
floodplains.

State has no explicit
authority. Fish and Wildlife
service may contract for
State assistance in enforcing
Federal laws under the Fish
and Wildlife Act.
                                                                 Department of Housing and
                                                                 Urban Development develops
                                                                 the criteria by which the
                                                                 adequacy of State programs
                                                                 are judged.
Department of Interior
retains primary regulatory
and enforcement authority.
                               State land  use  and  control
                               measures must be  consistent
                               with Federal criteria  (found in
                               24 CFR  1909-1910).
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United States
Environmental Protection
Agency
Center for Environmental Research Information
Cincinnati OH 45268
      BULK RATE
POSTAGE & FEES PAID
          EPA
    PERMIT No. G-35
Official Business
Penalty for Private Use, $300
                                Please make all necessary changes on the above label,
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                                If you do not wish to receive these reports CHECK HERE G
                                detach, or copy this cover, and return to the address in the
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                             EPA/540/G-89/009
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