EPA/540/P-91/011
                                   Publication 9360.3-02
                                       August 1991
 SUPERFUND REMOVAL PROCEDURES

 GUIDANCE ON THE CONSIDERATION
OF ARARS DURING REMOVAL ACTIONS
      Office of Emergency and Remedial Response
        U.S. Environmental Protection Agency
            Washington, DC 20460
                                Printed on Recycled Paper

-------
                                        NOTICE

The policies and procedures set forth here are intended solely as 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. EPA officials may decide to follow this guidance or act at variance
with it, based on an analysis of specific site circumstances. The Agency also reserves the right to
change this guidance at any time without public notice.

-------
This document is part of a ten-volume series of guidance documents collectively titled the Superfund
Removal Procedures. These stand-alone volumes update and replace OS WER Directive 9360.0-3B,
the single-volume Superfund Removal Procedures manual issued in February 1988.

Each volume in the series is dedicated to a particular aspect of the removal process and includes a
volume-specific Table of Contents, Reference List, and Key Words Index. The series comprises the
following nine procedural volumes:

       The Removal Response Decision: Site Discovery to Response Decision

       Action Memorandum Guidance


       Response Management:  Removal Action Start-up to Close-out

       Removal Enforcement Guidance for On-Scene Coordinators

       Public Participation Guidance for On-Scene Coordinators:  Community Relations
       and the Administrative Record

       Removal Response Reporting

       Special Circumstances

       Guidance on the Consideration of ARARs During Removal Actions

       State Participation.

In addition, the series includes an Overview volume, containing a comprehensive Table of Contents,
List of Exhibits, Key Word Index, List of Acronyms, and Glossary, for use as a quick reference.

This document provides an overview of the procedures for identifying and evaluating Applicable or
Relevant and Appropriate Requirements (ARARs) and when the procedures should be followed in
the removal process. It also describes the steps involved in consideration of ARARs during removal
actions, such as identifying Federal ARARs; identifying and evaluating State ARARs (including key
communications with State officials); determining the extent to which compliance with a require-
ment is practicable (focusing on the two factors included in the National Oil and  Hazardous
Substances Pollution Contingency Plan (NCP) for determining practicability and on Comprehensive
Environmental Response, Compensation,  and Liability Act of 1980 (CERCLA), as amended,
statutory waivers); and documenting ARARs analysis  (including information to be included in the
Action Memorandum).

"Appendix A. References" provides a comprehensive list of supporting guidance documents that
may be consulted for additional information on relevant topics.  Bracketed numbers [#] appear
throughout the text to indicate specific references in Appendix A which lists additional guidance on
particular topics. Consult the reference documents for a  more detailed explanation of ARARs'
policies and procedures. In addition, an index of the key words used in this document appears in
Appendix B.
                                          in

-------
CERCLA does not require removal actions to comply with ARARs of other environmental statutes.
However, the NCP requires on-site CERCLA removal actions to identify and comply with Federal
and State ARARs to the extent practicable, considering the urgency of the situation, and the scope
of the removal action to be taken.

Regardless of the nature of the removal action, On-Scene Coordinators  (OSCs) should strive to
comply with those  ARARs that are most crucial to the proper stabilization of the site and the
protection of public health and the environment. In the event that OSCs determine that compliance
with an ARAR is not practicable, however, removal actions must still be conducted in a manner that
prevents, minimizes, or mitigates damage to public health, welfare, and the environment.
                           Residential
                            Homes
                            (SDWA)
                 Land
             Contamination
                (RCRA)
                           Superfund Site
  Wetlands
 State ARAR
Surface Water
Contamination
   (CWA)
         Consideration of ARARs is an essential part of meeting NCP requirements.
                                         IV

-------
                              CONTENTS
 Introduction	-j
      Definition of ARARs	1
      Types of ARARs	3
      ARAR Attainment	3
      Compliance with Substantive and Administrative Requirements	4

 Identification of ARARs in the Removal Action Process	5
      Emergency Removal Actions	5
      Time-Critical Removal Actions	5
      Non-time-Critical Removal Actions	6
      Flexibility in the Timing of ARARs Identification Procedures	7

 Identification of Potential Federal ARARs	10

 Identification of Potential State ARARs	13
      Overview of State ARARs	13
      OSC Notification of the State	,	13
      State Responsibility	20
      Evaluation of Potential State ARARs	20

 Determining When Compliance with ARARs is not Required	22
      NCP Factors for Determining Impracticability	22
      CERCLA Statutory Waivers from Compliance with ARARs	24

 Documenting ARAR Evaluations	26
      Purpose of ARARs Documentation	26
      Documenting ARARs in the Action Memorandum	26

Appendix A. References	„	30

Appendix B. Key Words Index	31

-------
                              EXHIBITS
Exhibit
Number

  1       Comparison of On-Site and Off-Site Requirements	2

  2       Identification and Evaluation of ARARs During Emergency
          Removal Actions	6

  3       Identification and Evaluation of ARARs During
          Time-Critical Removal Actions	...8

  4       Identification and Evaluation of ARARs During
          Non-Time-Critical Removal Actions	9

  5       Information Sources for Identification and Analysis of
          Potential Federal ARARs	11

  6       Procedures for Identifying State ARARs	 14

  7       Suggested Form Letter to Use When Requesting a State to
          Identify Potential State ARARs	15

  8       List of Information that State Officials May Request
          in Identifying ARARs	21

  9       Example ARARs Documentation for an Action Memorandum	28
                                    VI

-------
                                INTRODUCTION
OSCs should select removal actions that meet the Applicable or  Relevant and Appropriate
Requirements (ARARs) ofFederal andStateenvironmentallaws. This guidance presents information,
recommendations, and examples to aid OSCs in identifying potential Federal and State ARARs,
determining the extent to which compliance with ARARs is practicable, and documenting ARAR
evaluations.1  This guidance also  may be used by potentially responsible parties (PRPs)  when
potential ARARs are being assembled by the PRP.  In these cases,  the PRP is responsible for
requesting the potential Federal and State ARARs from EPA and States respectively.  The lead
agency will determine the actual ARARs. Further information concerning PRP involvement in
removal actions may be obtained from the Removal Enforcement Guidance for On-Scene Coordinators
and the removal chapter of the Enforcement Project Management Handbook [4].2

In accordance  with  Section 300.415(i) of the NCP, on-site removal actions conducted under
CERCLA are required to  attain ARARs to the extent practicable, considering the exigencies of the
situation. Off-site removal activities need only comply with all applicable Federal and State laws,
unless there is an emergency. According to the CERCLA off-site policy, hazardous substances that
are wastes from CERCLA removal actions may be transferred off-site only to facilities that:  1) are
operating in compliance with applicable Federal law and applicable State requirements; and 2) have
no releases of hazardous substances that are uncontrolled and are deemed "relevant." As shown in
Exhibit  1, there are on- and off-site ARARs which may or may  not be applicable or relevant and
appropriate to a particular removal action.

Definition of ARARs

      A requirement under other environmental laws may be either "applicable" or "relevant and
      appropriate" to a  removal action, but not both. OSCs should identify ARARs on a site-
      specific basis by first, determining whether the given requirement is applicable and then, if
      it is not applicable, determining whether it is relevant and appropriate for on-site activities.

      •     Applicable requirements are cleanup standards, standards of control,  and  other
             substantive requirements, criteria,  or limitations promulgated under Federal
             environmental or State environmental or facility siting laws that specifically address
             a hazardous substance, pollutant, contaminant, remedial action, location or other
             circumstances found at a CERCLA site.
  1 The term "State ARARs" includes requirements of Indian Tribal laws that are ARARs.

  2 The numbers in brackets refer to Appendix A, which provides complete references for the sources cited in the
   text.

-------
INTRODUCTION AND PURPOSE
   Q>
   CO
   CO

   o

   "5
   c
   o
   .12

   I


   I


CM g
to •-
2= °~
0




Sc
- ?
Substant
Requirer


| 1
*•* E
'c .b
1 g-
•o o
_ Z!


                                                             u
                                                             £
                                                             u
_«
.Q
8
^ ».
§ o"
11
IT <"
                                                             4)
 Q
 Ml ^*
 > Q.
 I &
 2.J5-

 ts

 £S
 .^§

 si
 O (A
CM
                                                                 I
                 .2
                 A
                 w
                                                                 Q.
 C
 ro

 lei

 I I
  3

 f S
 So
 2 g"
 gcc
 l-s

 y
 ^ ^5

 ll
 If
 —«
 « §
 S= O
CO


Q)
o
S ^
to =
c Q-
o



2
§g
1 |
v> '5
A tr
3 O
(0 CC


|i
.« |
I'l
TJ 0)
< CC
«r
l|
« O-
^u *i
0)
X
o

o


T—
2s
O 13
« tt
(J) 4<£
§
s
0)

o


             ,n
               .2
                                                             §£
                                                             ••5
                                                      1!
                                                      £ Q.
                                                      a a.
                                                      CC <
              S.I

              IB
              2.2
              Q. in

-------
                                                      INTRODUCTION AND PURPOSE
       •     Relevant and appropriate requirements are cleanup standards, standards of control,
             and other substantive requirements, criteria, or limitations promulgated under Federal
             environmental or State environmental or facility siting laws that, while not "applicable"
             to a hazardous substance, pollutant, or contaminant, remedial action, location, or
             other circumstances at a CERCLA site, address problems or situations sufficiently
             similar to those encountered at the CERCLA site and are well-suited to the particular
             site.

       Only those State standards that are identified by a State in a timely manner and are more
       stringent than Federal requirements may be applicable or relevant and appropriate (see p. 13).

Types of ARARS

       EPA recognizes the following three types of ARARs:3

             •      Chemical-specific ARARs:  Health or risk-based numeric values  or
                    methodologies that establish the acceptable amount or concentration of a
                    chemical that may be found in or discharged to the ambient environment.

             •      Location-specific ARARs:  Restrictions placed on  the concentration  of
                    hazardous substances or the conduct of activities solely because they occur in
                    special locations.

             •      Action-specific ARARs:  Technology- or activity-based requirements  or
                    limitations on actions involving the management of hazardous wastes.

       Other Federal and State advisories, criteria, or guidance may, as appropriate, be considered
       in formulation in the removal action. Other information To Be Considered (TBC) generally
       falls within three categories: health effects information with a high degree of credibility;
       technical information on how to perform or evaluate site investigations or response actions;
       and policy.

ARAR Attainment

       Requirements are ARARs only when they pertain to the specific activities being conducted.
       The "applicability" determination is legally defined, and affords very little flexibility. The
       "relevant and appropriate" determination is site-specific, and therefore has much greater
       flexibility.

          For example, if  a  site has leaking drums,  widespread soil contamination, and
          significant ground water contamination, the removal action on the site might only
          involve actions necessary to reduce the near-term threats, such as direct contact and
          further deterioration of the ground water; thus, the removal action might be limited
          to the removal of the drums and surface debris and excavation of highly contaminated
          soil.   Accordingly, requirements pertaining to  the drums, surface debris,  or


  3 Additional discussion of the three types of ARARs is found in the preamble to the 1990 NCP (55 Federal Register
   8741 (March 8,1990)), in the preamble to the proposed NCP (53 Federal Register 51437 (December 21,1988)),
   and the CERCLA Compliance with Other Laws Manual Part I, pp. 1-59 through 1-61, [1].

-------
INTRODUCTION AND PURPOSE
          contaminated soil may be potential ARARs for the specific removal action; however,
          requirements pertaining to the cleanup of ground water contamination would not be
          ARARs for that action because the removal action is not intended to address ground
          water.

      Waivers are also available if the requirement is relevant and appropriate but cannot be met
      for one of the reasons set out in CERCLA section 121(d)(4) (e.g., technically impracticable)
      (seep.22).                                                 .              ,    ,,

Compliance with Substantive and Administrative  Requirements

      On-siteresponseactionsmustcomply,totheextentpracticable,withsubstantiverequifements,
      which may be applicable or relevant and appropriate. Off-site response actions must comply
      with administrative and substantive requirements which may be applicable.

             •     Substantive requirements  are those requirements that pertain directly to
                   actions or conditions in the environment. Examples of substantive requirements
                   include quantitative health- or risk-based restrictions upon exposure to types
                   of hazardous substances, technology-based requirements, and restriction
                   upon  activities in certain special locations.      • "

             •     Administrative requirements are those  mechanisms  that facilitate the
                   implementation of the substantive requirements of a statute or regulation.
                   These requirements include documentation, issuance of permits, reporting,
                   and recordkeeping.                                  .

-------
                  IDENTIFICATION OF ARARs IN THE
                      REMOVAL ACTION PROCESS
OSCs will need to identify and attain ARARs to the extent practicable for emergency, time-critical,
and non-time-critical removal actions. Exhibits 2,3, and 4 outline the general procedures that OSCs
should follow for these three types of removal actions although the actual timing and thoroughness
of the ARARs analysis may vary from removal action to removal action.

Emergency Removal Actions

      For emergency removal actions, OS Cs should not delay response in order to identify potential
      ARARs. Once immediate threats to human health and the environment have been averted
      or obviated, however, OSCs should identify and consider ARARs for actions left to be
      performed, using the processes detailed in Exhibit 2.  For example, if, in a residential
      neighborhood, there was a release of a hazardous substance that presented an immediate
      threat to human health and the environment, it would be appropriate to store the substance
      temporarily in a secured environment away from the residential area before identifying and
      considering ARARs for future actions.  In an emergency, the OSC is not expected to
      determine, for example, if the hazardous substance is a hazardous waste under the Resource
      Conservation and Recovery Act (RCRA) and to identify which  requirements apply to the
      management of the waste until after mitigating all immediate threats associated with the
      incident. However, those determinations should be made before arranging for permanent
      disposal.

Time-Critical Removal Actions

      For time-critical removal actions, the urgency of the situation will determine how quickly and
      thoroughly OSCs identify and analyze potential ARARs. OSCs may identify ARARs at
      several different stages of the process due to the need for quick response, and may alter the
      selected response action to comply with newly identified ARARs as the removal action
      progresses. Exhibit 3 presents the ARARs identification and evaluation process typically
      followed in a time-critical removal action. In the most urgent time-critical removal actions,
      OSCs could identify ARARs concurrently with the initiation of  site cleanup.  In these
      situations, OSCs should attain and comply with requirements determined to be ARARs to the
      extent practicable (see discussion on determining when compliance with ARARs is not
      required, p. 22); identify additional ARARs; and prepare the Action  Memorandum after
      preventing, stabilizing, or mitigating near-term threats.

      During most time-critical removal actions, OSCs should identify potential ARARs during
      the site evaluation phase and assess them in developing possible responses before initiating
      any response actions. OSCs should document these ARARs in the Action Memorandum. As
      OSCs modify planned cleanup activities based on public comments  or other circumstances,
      they also should identify and, to the extent practicable, comply  with new ARARs for the
      modified actions (especially action-specific ARARs).

-------
ARARs IN THE REMOVAL ACTION PROCESS
Non-Time-Critical Removal Actions

      Following the procedures described in Exhibit 4, if practicable, OSCs should comply with
      more ARARs for non-time-critical removal actions than for time-critical removal actions. In
      particular, preparing the Engineering Evaluation and Cost Analysis (EE/CA) should allow
    EXHIBIT 2. IDENTIFICATION AND EVALUATION OF ARARS DURING
               EMERGENCY REMOVAL ACTIONS
     REMOVAL PROCESS STAGE
                 Mitigate
                Immediate
                 Threats
               Selection of
              Any Additional
             Response Action
                  I
                 Action
              Memorandum
                Complete
              Any Additional
                 Actions
  ARARS ACTIVITY
                                              If feasible, given the urgency
                                              of the situation, identify site
                                              characteristics that might
                                              give rise to ARARs
For any actions taken after
immediate threats are
mitigated, identify ARARs
and determine if compliance
is practicable
 Document in Action
 Memorandum all ARARs
 with which compliance is
 practicable and whether
 statutory waivers apply

-------
                                     ARARs IN THE REMOVAL ACTION PROCESS
      OSCs to more fully consider ARARs in the development of response actions. During non-
      time-critical removal actions, sufficient time should be available for OSCs to ensure that
      ARARs determinations are based upon a reasonable understanding of site characteristics.

Flexibility in the Timing of ARARs Identification Procedures

      The time when ARARs must be identified in the cleanup process may vary from site to site,
      depending on the urgency of the situation. The NCP requires OSCs to identify ARARs for
      pn-site removal actions v/henpracticable. This consideration is crucial and is discussed later
      in this guidance (see p. 22). OSCs should not delay taking actions to mitigate an immediate
      threat, stabilize a site, or prevent a release in order to allow time to gather detailed information
      on site characteristics, draft a written ARARs request to the State, or wait for State agencies
      to submit a list of ARARs.

-------
ARARs IN THE REMOVAL ACTION PROCESS
      EXHIBITS.  IDENTIFICATION AND EVALUATION OF ARARS DURING
                   TIME-CRITICAL REMOVAL ACTIONS
          REMOVAL PROCESS STAGE
                 Selection of
                  Response
                    Action
                    Action
                Memorandum
                    Public
                  Comment
                  Period, as
                 Appropriate*
                   Perform
                    Action
               ARARS ACTIVITY
                                           To the extent practicable, identify site
                                           characteristics that might give rise to
                                           ARARs; identify potential chemical-
                                           and location-specific ARARs
       As potential actions are developed,
       identify potential action-specific
       ARARs and, based on site
       circumstances, determine practica-
       bility of complying with ARARs
        Make final determination of action-
        specific ARARs; document in Action
        Memorandum all ARARs with which
        compliance is practicable and
        whether statutory waivers apply
        If Action Memorandum is modified as
        a result of comments or other
        circumstances, identify new ARARs
        and reevaluate practicability of
        ARARs compliance; revise Action
        Memorandum and response action
        accordingly
* In general, a public comment period will be
 considered appropriate if:
 • Cleanup activity has not been completed at the
  time the record file is made available to the public, and
 • Public comments might have an impact on future action
  at the site.

-------
                              ARARs IN THE REMOVAL ACTION PROCESS
EXHIBIT 4.  IDENTIFICATION AND EVALUATION OF ARARS DURING
            NON-TIME-CRITICAL REMOVAL ACTIONS
   REMOVAL PROCESS STAGE
          Engineering
          Evaluation/
         Cost Analysis
              I
            Public
           Comment
            Period
              1
          Selection of
          Response
            Action
             T
            Action
         Memorandum
           Perform
            Action
        ARARS ACTIVITY
                                  Identify site characteristics that might
                                  give rise to ARARs; identify potential
                                  chemical- and location-specific
                                  ARARs
As potential actions are evaluated,
identify potential action-specific
ARARs; determine how compliance
with ARARs would affect cost and
duration of action
 If action plan is modified as a result
 of comments or other circumstances,
 identfy new ARARs and reevaluate
 practicability of ARARs compliance
Based on site circumstances,
determine practicability of compliance
with ARARs
Make final determination of
action-specific ARARs; document in
Action Memorandum all ARARs with
which compliance is practicable and
whether statutory waivers apply

-------
       IDENTIFICATION OF POTENTIAL FEDERAL ARARs
Within thelimitations discussed above, it is the responsibility of the OSC to identify potential Federal
ARARs and to determine which ones are actually ARARs for a given removal action, based on both
knowledge of Federal environmental requirements and on the use of the following aids:

            The CERCLA Compliance with Other Laws Manual: In particular, the OSC should
            consult Exhibits 1-1,1-2,1-3, and 1-9 of the manual. These exhibits lists potential
            chemical-, location-, and action-specific ARARs under major Federal environmental
            statutes [1]. (The manual is available from the Oil and Hazardous Materials (OHM)
            Coordinator.)

            Regional Sunerfund ARARs Coordinators:  The OSC should contact designated
            ARARs experts who are responsible for giving assistance to OSCs and Remedial
            Project Managers on ARARs issues.  OSCs also can  contact experts from the
            Regional Air, Waste, or Water Management Divisions to gather additional infor-
            mation on those areas.

             National Environmental Regulation Hotlines: OSCs can get additional information
             on the requirements of various Federal statutes from several national hotlines listed
            in Exhibit 5, as well as  from the Emergency Response Cleanup Services  and
             Technical Assistance Team contractors.

If OSCs  need more assistance to identify ARARs  for removal actions, or  to determine their
practicability once identified, they should consult with the appropriate Regional Coordinator in the
Emergency Response Division (ERD) at EPA Headquarters. Other useful sources of information are
the Office of Regional Counsel/Office of General Counsel and the Policy and Analysis Staff of the
Office of Emergency and Remedial Response (OERR).
                                         10

-------
                                                      POTENTIAL FEDERAL ARARs
EXHIBIT 5.  INFORMATION SOURCES FOR IDENTIFICATION AND ANALYSIS
             OF POTENTIAL FEDERAL ARARS
           INFORMATION SOURCE

    National Hotlines

    Agency for Toxic Substances and Disease
    Registry Hotline

    RCRA/Superfund Hotline
   Safe Drinking Water Act Hotline

   Toxic Substances Control Act Hotline


   Other Resources

   Air/Superfund Coordinators in each Regional Office

   Clean Air Act issues, OAQPS


   National Institute for Occupational Safety and Health

   National Pesticides Telecommunications Network

   OERR Policy and Analysis Staff ARARs Section Chief

   OSWER Clu-In (an on-line information service)

   Superfund ARARs Coordinators in each Regional Office
 TELEPHONE NUMBER
 (404) 488-4100


 (703) 920-9810 (Virginia)
 (800) 424-9346 (outside Virginia)
 (800) 553-7672 (Toll-free TDD)
 (703) 486-3323 (Local TDD)

 (800) 426-4791 (National)

 (202) 554-1404
(919) 541-5642


(513) 841-4422

(800) 858-7378

(202) 260-2200

(301) 589-8366
                                       11

-------
POTENTIAL FEDERAL ARARs
  EXHIBIT 5(2).  INFORMATION SOURCES FOR IDENTIFICATION AND
                 ANALYSIS OF POTENTIAL FEDERAL ARARS
      INFORMATION SOURCE                         TELEPHONE NUMBER

      Technical Assistance Team (TAT) Contractors (as of 7/91)

      Zoncl        (Eastern)-RoyF.Weston,Inc.                (215) 524-1925

      Zone 2        (Western) - Ecology and Environment, Inc.        (703) 522-6065

      In addition, TAT contractors can be reached by telephone in all 10 Regions

      Emergency Resnonse Cleanup Services (F.RCS") Contractors (as of 7/91)

      Zone 1        (Regions 1-3) - OH Materials                 (800) 327-2853

      Zone 2       (Region 4) - OH Materials                    (800)327-9954

      ZoneS        (Region 5) - PEI Associates                   (800) 372-3727

      Zone4A       (Regions 6-9) - Riedel Environmental           (800) 334-0004

      Zone4B       (Region 10) - Thorne Environmental, Inc.        (206)525-9168
                                            12

-------
          IDENTIFICATION OF POTENTIAL STATE ARARs
Overview of State ARARs

      EPA's policy regarding the attainment of State ARARs for removal actions is the same as its
      policy concerning compliance with Federal ARARs: removal actions should comply with
      State  ARARs to the extent practicable.  In order for State requirements  to be potential
      ARARs, they must be:

             (1)    Promulgated (i.e., of general applicability and legally enforceable),

             (2)    More stringent than Federal requirements,

             (3)    Identified in a timely manner.

      To facilitate the identification process, the OSC must, to the extent practicable, inform the
      State  that EPA is considering a removal action, provide information about the site, and
      request that the State identify potential ARARs for that action. Only those potential ARARs
      identified by the State in a timely manner need to be considered. Exhibit 6 summarizes this
      consultation process.

OSC Notification of the State

      Oral Notification

      As soon as EPA begins to consider taking a removal action or after an emergency removal
      action begins, the OSC should orally inform the State about the action.  At  the time of this
      notification, the OSC also should request that the State identify potential State ARARs for
      that removal action, characterizing the level of urgency of the removal action and the length
      of time in which ARARs will need to be  identified if the OSC is to consider them in
      performing the action.

      Written Notification

      The OSC should, as soon as practicable, follow up the initial notification with a written
      request to the State to identify potential ARARs. Exhibit 7 contains a suggested form letter
      for OS Cs to use in making this written request. OS Cs should request that S tates send ARARs
      information in written form using Attachments 1-3 in a timely manner.

      Providing Site Information to the State

      When notifying the State of a potential removal action, OSCs should provide as much
      information as possible about the site.  Detailed knowledge of site characteristics greatly
      facilitates ARARs identification.  If the OSC does not describe the location of the site, the
      kind of wastes at the site, the threat(s) affecting this removal action, and the possible activities
      that might occur during the removal action, the State may not be able to produce an accurate
                                         13

-------
POTENTIAL STATE ARARs
EXHIBIT 6. PROCEDURES FOR IDENTIFYING STATE ARARS


REMOVAL ACTION IS CONTEMPLATED OR EMERGENCY
RESPONSE INITIATED
Notify State representative of potential removal action and
request initial identification of State ARARs
*
WRITTEN REQUEST IS SENT TO STATE
Send State a letter requesting a written list of potential
ARARs; indicate when response is needed (This step may
occur after mitigation of immediate threats in an emergency
situation)
i
SITE CONDITIONS AND POTENTIAL ACTIONS BECOME
KNOWN
Provide State with information on site location, site
contaminants, contaminated media, threat, and potential
removal actions as this information becomes known
*
POTENTIAL STATE ARARS LIST IS RECEIVED
Determine which listed State requirements are actually
ARARs for the site; determine whether compliance is
practicable


                             14

-------
                                                          POTENTIAL STATE ARARs
 EXHIBIT 7.  SUGGESTED FORM LETTER TO USE WHEN REQUESTING
               A STATE TO IDENTIFY POTENTIAL STATE ARARS
 Dear fState Official]:

 As the State has been informed, the Superfund removal program of the Environmental Protection
 Agency (EPA) is contemplating a removal action at the [site name] located in Fsite location]. To perform
 this action, EPA will attempt to comply to the extent practicable with all Applicable or Relevant and
 Appropriate Requirements (ARARs) of State environmental and facility siting laws.  This letter is a
 follow-up to our earlier request that the State notify the EPA On-Scene Coordinator (OSC) of any
 State statutes or regulations that the State believes are potential ARARs for the removal site, and
 contains information on site conditions and proposed actions to assist you in identifying
 ARARs. The OSC for this site is FOSC name].

 We request that  an appropriate State official identify potential State ARARs in the attachments
 provided. These attachments are divided into three sections addressing the following categories:
 chemical-, location-, and action-specific  requirements.   Chemical-specific  requirements are
 health-, technology-,  or  risk-based numeric values that establish the  acceptable amount or
 concentration of  a chemical that may be found in, or discharged to, the ambient environment.
 Location-specific requirements are restrictions placed on the concentration of hazardous substances
 or the conduct of activities solely because they occur in special locations.  For example, the
 requirement that  hazardous waste storage facilities located within 100-year flood plains must be
 designed, constructed, operated, and maintained to avoid washout is considered a location-specific
 requirement. Action-specific requirements are technology-oractivity-based requirements orlimitations
 on actions taken with respect to hazardous waste.

 [Example -- Site Description: There are an  estimated 200 drums on the surface and an
 additional 100 drums buried at the site of an abandoned chemical recycling facility. Sampling
 of the surface drums has identified various solvents including xylene, hexane, methylene
 chloride, and toluene. Approximately 250 homes are located within 1/4 mile of the site, all of
 which rely on well water for drinking water purposes. Run-off from the site enters a culvert
 which drains into a nearby tributary of Green Creek. The site poses threats of exposure by
 direct contact (a deteriorating wooden fence separates the site from adjacent properties),
 inhalation,  and drinking water contamination. Proposed actions include reconstruction of
 the fence surrounding the site, stabilization and overpacking of drums (following excavation
 of buried drums), and transportation of the drums to RCRA-approved recycling and disposal
 facilities.]

 Please respond in a timely manner (within 7 days if possible) so that the requirements may be
considered for the removal action. Exact references or citation to the statutes and regulations, or
copies of pertinent provisions of these State requirements, will greatly facilitate our ability to evaluate
these requirements as ARARs for the site. Also, please call the OSC at FOSC's telephone number],
if additional information on the site is needed for the purpose of completing the attachments.
                                         15

-------
POTENTIAL STATE ARARs
   EXHIBIT 7(2).
SUGGESTED FORM LETTER TO USE WHEN
REQUESTING
   The OSC will examine these requirements in order to determine whether they are applicable or
   relevant and appropriate to the site. The Superfund removal program is required to comply with
   ARARs to the extent practicable, considering the exigencies of the situation. It is important to
   clarify, however, that some requirements identified by the State may be determined not to be
   ARARs or may be determined to be impracticable to meet or may qualify for a waiver.
                                                    (Signed)
                                                    Branch Chief (or designee)
   Attachments
                                          16

-------
                  ATTACHMENT!. CHEMICAL-SPECIFIC REQUIREMENTS
Chemical
Maximum
Concentration
Allowed
Medium
                                                 Reason why Requirement
                                                 is an ARAR
                                          Regulatory
                                          Citation
                               (to be filled out by State Official)
                                                                                                         •o
                                                                                                         O
                                                                                                         m
                                                                                                         H
                                                                                                         i
                                                                                                         m
                                                                                                         30
                                                                                                         W

-------
POTENTIAL STATE ARARs

        tr<5
         2

         I
         cc



         II
         gfe
         CC .52
         £
        OT £


        O ^»
o
M=
o

&
rt
CO
                               18

-------
                     ATTACHMENT 3. ACTION-SPECIFIC REQUIREMENTS
Action Subject
to Requirement
Requirement
Reason why Requirement
is an ARAR
Regulatory
Citation
                                (to be filled out by a State official)
                                                                                                           •o
                                                                                                           O
                                                                                                           m
                                                                                                           H
                                                                                                           1
                                                                                                           m
                                                                                                           30
                                                                                                           (A

-------
POTENTIAL STATE ARARs
       or useful list of potential ARARs for the site. Under these conditions, the State may only be
       able to produce either a generic list of environmental requirements that will be too lengthy
       and general to be useful, or a narrow list of requirements that might not cover all aspects of
       a site.

       Information that OSCs should be prepared to provide to, State personnel is detailed in
       Exhibit 8.  This list includes data on the location of the site, wastes discovered on site,
       contaminated media/threat(s) (using NCP removal criteria), and potential removal actions.
       The more clearly and succinctly the OSC presents this information, the easier it will be for
       State personnel to provide an accurate list of potential ARARs in a timely manner. If the OSC
       does not have  time to produce a written summary of site conditions for the State, he or she
       should send whatever pertinent information is available on the site.

       If more information about site characteristics relevant to ARARs determination is gathered,
       the OSC should relay this information to the State representative. For example, if sampling
       or site records reveal that soil at a site contains a RCRA listed waste, the OSC should
       communicate this to the State representative so that all potential ARARs can be identified
       before actions to remove or treat the soil begin.

State Responsibility

       NCP section 300.400(g) stipulates that once the OSC provides information on the site and
       requests that the State identify ARARs, it is the State's responsibility to identify in a timely
       manner all State requirements that are potential ARARs for the removal action. If the State
       does not provide a complete or clear list of requirements or does not respond in a timely
       manner, it is not the OSC's responsibility to search for State ARARs. The removal program
       is a dynamic program designed to prevent, stabilize, and/or mitigate environmental and
       human health threats quickly, and the OS C need not: 1) expend resources examining volumes
       of State regulations; or 2) delay the start or completion of a removal action because the State
       has not identified its ARARs.

Evaluation of Potential State ARARs

       Once the State has identified environmental requirements that may be ARARs, it is the OSC's
       responsibility  to determine which State requirements actually are ARARs by using the
       procedures outlined in NCP sections 300.400(g) and 300.415(i), as well as those in the
       CERCLA  Compliance with Other Laws Manual [1].  The subsequent determination
       regarding which ARARs can be practicably met should be made using the factors detailed
       in this guidance. The OSC is not bound to comply with all requirements identified by the
       State; tliis should be made clear in communications with State officials.

       If there are any questions concerning identification of ARARs or the practicability of
       complying with an ARAR, State officials should consult with the staff and  management of
       EPA  Regional offices to promptly address them.  Although OSCs shall coordinate with
       States, OSCs make the final determination of ARARs for all Fund-financed and EPA-ordered
       removal actions.
                                          20

-------
                                                     POTENTIAL STATE ARARs
EXHIBIT 8.  LIST OF INFORMATION THAT STATE OFFICIALS MAY
             REQUEST IN IDENTIFYING ARARS
   1.     General description of site.
   2.     Specific location of site.
   3.     Known,wastes or hazardous substances on site (including concentrations,
          if available).
   4.     Site's proximity to the following settings:
          •      an aquifer used as a public or private water supply
          •      a floodplain
          •      wetlands
          •      streams or rivers
          •      a critical habitat of endangered or threatened species
          •      a designated coastal zone or other specified preserve
          •      a wildlife refuge, public park or recreation area, public forest, or
                public monument
          •      a salt dome formation, underground mine, or cave
          •      a historic site or cultural resource, whether or not owned or
                controlled by a Federal Agency.
   5.     Media contaminated  by  the site and potential exposure pathways/threat
          (using NCP removal criteria).
   6.     Potential actions at the site (e.g., discharge of treatment effluent to a surface
          water body, off-site disposal of hazardous waste, incineration).
                                     21

-------
                DETERMINING WHEN COMPLIANCE WITH
                        ARARs IS  NOT REQUIRED
In general, compliance with most Federal and State ARARs will be practicable during removal
actions.  As noted in the NCP, however, in some situations, identifying and/or complying with
ARARs will not be practicable during a removal action, or the criteria for a waiver of the ARAR will
be satisfied. Under such circumstances, compliance with the ARAR is not required.

In determining whether compliance with ARARs is practicable, OSCs must consider the urgency or
degree of threat posed by the site and the appropriate scope of response. Full compliance with
ARARs will most often be practicable at National Priorities List (NPL) sites where an exemption to
the statutory time and dollar limits is available based on the "consistency" exemption, e.g., remedial
action is expected to be taken at the site [2].

NCP Factors for Determining Impracticability

      The NCP identifies two factors that should be considered in determining whether identifying
      and complying with ARARs is practicable:

             (1)    The urgency of the situation, and

             (2)    The scope of the removal action to be taken.

      Urgency of the Situation

      During most removal actions, sufficient time exists for OSCs to identify ARARs and plan
      response actions that comply with them. For example, in most cases, OSCs can acquire
      drums, tanks, and overpacks, and construct storage facilities that meet basic RCRA storage
      requirements before RCRA hazardous waste is removed from leaky tanks or soil is excavated
      and stored.

      In cases where the degree of threat warrants a truly immediate response, full identification
      or compliance with ARARs could cause OSCs to delay a response, compromising the
      protection of public health and the environment. In such urgent cases, compliance with
      ARARs would not be practicable.  Examples of situations in which identifying and
      complying with ARARs may not be practicable because of the urgency of the situation are
      provided below.

      Case I:    When an imminent threat to public health and the environment requires
                immediate action before the OSC can request and obtain potential State
                ARARs.

                Example: If a spill of a hazardous waste occurs on a site in the vicinity
                of a residential area, it would not be practicable for OSCs to request and
                obtain potential State  ARARs (such as  the siting requirements for a
                storage facility) before the waste is transported to another area safely
                                        22

-------
                                                    COMPLIANCE NOT REQUIRED
              away  the  residential zone.  (It still may be practicable, however, to
              identify  and comply with State ARARs for any subsequent removal
              activity addressing less immediate threats to be taken at the site.)

    Case II:   When damage or threats to public health and the environment require
              EPA to  take immediate  action precluding compliance with known
              Federal ARARs.

              Example: If leaking drums on a site pose the danger of fire or explosion,
              waste should be stabilized and stored immediately in available tanks or
              containers, even if these tanks or containers do not have the secondary
              containment systems required by RCRA.

    Scope of the Removal Action

    Actions required by ARARs often will be within the scope of the designed removal action.
    For example, when a removal action calls for treatment of aqueous material from an on-site
    sludge pit and discharge of the treatment effluent to an on-site stream, compliance with
    substantive National Pollutant Discharge Elimination System (NPDES) discharge limits
    would  be within the scope of the designed action and, therefore, would be practicable.
    Similarly, when a removal action calls for the on-site incineration of waste, compliance with
    incinerator operation and performance standards under RCRA and/or the Toxic Substances
    Control Act (TSCA) are necessary and likely to be practicable. However, in some cases,
    compliance with ARARs is outside the scope of  the removal action because the ARAR
    requires a degree of cleanup that would be inappropriate or inconsistent with the limited
    scope and purpose of the removal action, e.g., site stabilization and mitigation of near-term
    threats.

    "Scope of the removal action" is not limited to technical issues but also relates to limitations
    on duration and funding. During most removal actions, compliance with ARARs should not
    result in expenditures of funds and time that exceed CERCLA statutory limits for removal
    actions. In fact, since removal actions generally focus on minimizing and mitigating potential
    harm (although in some cases they may be used to totally eliminate a threat), most removal
    actions do not approach the statutory limits. For example, the purchase or rental of storage
    tanks with secondary containment systems in compliance with RCRA requirements is not
    likely to raise the cost of a removal action above $2 million. In some cases, however, the cost
    and duration of cleaning up a site in compliance with ARARs will exceed these limits. In
    these cases, exemption criteria must be met and the exemption must be invoked to proceed
    with the action as a removal, or a determination should be made that compliance with the
    ARAR is not practicable.4

    EPA  will select the appropriate response, even where an  extensive removal action is
    warranted, whether the site is Fund-lead or PRP-based. If the site is Fund-lead, an exemption
    must first be approved in order to proceed with the action. EPA expects that the time and
    dollar limitations generaly will not result in PRPs performing a more extensive removal
See also related discussion in the preamble to the NCP (55 Federal Register 8695-96).

                                       23

-------
COMPLIANCE NOT REQUIRED
       action than EPA itself would conduct. That is, EPA's selection of a removal action, including
       which ARARs will be attained, will generally not differ depending on who will be conducting
       the removal action.

       Situations in which it may not be practicable to comply with an ARAR because it would be
       outside the scope of the removal action include the following:

       Case I:    When compliance involves a degree of cleanup that would be inconsistent
                with the purpose of the removal action.

                Example: If a removal action is undertaken for the limited purpose of
                stabilizing volatile waste in a lagoon atasite, itwouldbeoutside the scope
                of the removal action to meetRCRA closure requirements for the lagoon
                and other units at the site.

       Case II:   When compliance with ARARs  would result in EPA performing a
                removal action with a duration of longer than one year and no statutory
                exemption applies.

                Example: A non-NPLsite contains large quantities of contaminated soil
                subject to a State toxic waste disposal regulation requiring incineration
                of the soil prior to permanent disposal. The level of soil contamination
                does not warrant an emergency (or consistency) exemptionfrom the one-
                year statutory limit. If the limited capacity of available incinerators would
                result in the incineration process taking over two years, and other
                treatment technologies are available that achieve an acceptable level of
                performance, compliance with the State requirement may  not be
                practicable.

CERCLA Statutory Waivers from Compliance with ARARs

       Even if compliance with an ARAR is determined to be practicable based on consideration of
       the two factors listed previously (i.e., urgency of the situation and scope of the removal
       action), waivers may still apply to the removal action. CERCLA section 121 (d)(4) provides
       that under certain circumstances,  an otherwise applicable or relevant and appropriate
       requirement may be waived during on-site CERCLA remedial actions.  NCP section
       300.415(i) extends these waivers to removal actions as well.  The application of these
       statutory waivers to a removal action is described briefly below.

             •      Interim Measures: Compliance with an ARAR is not necessary when the
                    removal action does not involve final cleanup of a site and the final cleanup
                    will attain the ARAR. For example, complying with the RCRA land disposal
                    restriction storage prohibition at a non-NPL site may be inappropriate if the
                    waste is drummed and overpacked, and future site actions will involve
                    treatment of the waste that will comply with all land disposal restrictions.

             •      Compliance will Result in Greater Risk to Human Health and the Environment:
                    A removal action does not have to comply with ARARs when compliance
                    would present a greater threat (or provide less protection) to human health and


                                          24

-------
                                                     COMPLIANCE NOT REQUIRED
                   the environment than taking an action that would not attain ARARs. For
                   example, complying with the RCRA requirement for permeability of caps
                   may be inappropriate if it may result in a dangerous buildup of gases under
                   the cap at a site.  Therefore requirements with this ARAR would not be
                   necessary at this site.

                   Technical Impracticability: Compliance with ARARs is not necessary when
                   it would be technically impractical or infeasible from an  engineering
                   perspective, such as when a State surface water discharge standard requires
                   treatment of some wastewater contaminants to below non-detectable levels.

                   Equivalent Standard of Performance:  Compliance with an ARAR is not
                   necessary if the removal action would achieve a standard of performance that
                   is equivalent to that required by the ARAR. For  example, a State toxic
                   substances clean-up law that requires the use of a particular technology to
                   treat contaminated soil could be waived if a removal action uses another
                   treatment technology that would provide an equivalent degree of treatment.
                   However, a technology-based standard may not be replaced by a risk-based
                   analysis.5

                   Inconsistent Application: An otherwise applicable or relevant and appropriate
                   State requirement  is not an ARAR and need not be attained when that
                   requirement has not been applied consistently to hazardous waste sites or
                   facilities throughout the State (CERCLA as well as non-CERCLA sites). For
                   example, at a battery recycling site, EPA waived a State requirement for
                   leachate testing  and management of lead-contaminated waste when EPA
                   determined that the State was not enforcing  the same requirement at State
                   cleanup sites.

                   Fund Balancing:  Fund  balancing is not a requirement of the removal
                   program. However, when complying with an ARAR requires an expenditure
                   that jeopardizes the Fund's ability to address other sites, the  ARAR can be
                   waived. The Fund-balancing waiver should be considered, but not necessarily
                   invoked, only for unusual, very costly cases.  The NCP preamble states that
                   the Fund-balancing waiver should be routinely considered when the cost of
                   attaining the ARAR for a single action would be four times the current average
                   cost of a remedial  operable unit.6  Given the statutory limits on removal
                   actions, this waiver will apply rarely at removal sites. It is more likely that
                   compliance with an excessively expensive ARAR for a removal action would
                   be determined to be beyond the limited scope of the action, and, therefore,
                   compliance is not required.
5 The preamble to the 1990 NCP (55 Federal Register 8748) discusses related topics in more detail.

6 55 Federal Register 8750 (March 8,1990).

                                        25

-------
               DOCUMENTING ARAR  EVALUATIONS
Purpose of ARARs Documentation

      To ensure that ARARs have been identified and considered to the extent practicable during
      a removal action, it is important to document all procedures associated with identifying and
      evaluating ARARs. Sufficient documentation of ARARs identification procedures and
      ARARs evaluations is essential to:

                   Assure the public and State and local agencies that ARARs were complied
                   with to the extent practicable, and that the remedy is protective of human
                   health and the environment.

                   Make the public aware, through the administrative record, of all ARARs
                   determinations and confirm to the public that all ARARs were met to the
                   extent practicable.

                   Provide justification, for the purposes of cost recovery from PRPs, for actions
                   taken at the site.

Documenting ARARs in the Action Memorandum

      The OSC should document the identification and evaluation  of ARARs in the Action
      Memorandum, the key document supporting the selection of a removal action. Generally,
      it will not be necessary to document requirements determined not to be ARARs (.unless me
      determination is expected to be controversial). However, the OSC should document, if only
      briefly, the conclusion that compliance with  identified ARARs is determined  to be
      impracticable, based on the two factors for determining practicability: the urgency ot the
      situation and the scope of the removal action. The Action Memorandum should contain the
      following information concerning ARARs:

                   A list of Federal ARARs identified for the site that are deemed practicable,
                   if any.

                   An explanation, if necessary, that Federal ARARs were not considered before
                   removal activities were undertaken during emergency situations.

                   A brief description of efforts made to identify State ARARs that includes an
                   indication of whether there was time to assess identified State ARARs.

                   A list of State ARARs determined to be practicable, if any.

                   A list of Federal and State standards determined to be ARARS, but for which
                   compliance was determined to be impracticable.
                                         26

-------
                                     DOCUMENTING ARARs EVALUATION
The OSC should provide this information in the "Proposed Actions and Estimated Costs"
section of the Action Memorandum under the  heading "ARARs."  See the Action
Memorandum Guidance for  more detail on where the OSC should provide ARARs
information in the Action Memorandum.

If the OS C prepares a new Action Memorandum to document a significant change in the scope
of removal work or to request an exemption from statutory funding or time limits, then the
ARARs information noted above also should be presented in the revised Action Memorandum.
An example ARARs discussion for the Action Memorandum is presented in Exhibit 9. In
addition, the "Effectiveness of Removal Actions Taken" section of the final OSC report
should refer to the ARARs information previously listed in the Action Memorandum.
                                 27

-------
DOCUMENTING ARARs EVALUATIONS
   EXHIBIT 9.  EXAMPLE ARARS DOCUMENTATION FOR ACTION
                MEMORANDUM
      The Action Memorandum is the most appropriate place to document ARARs
      determinations. In particular, this memorandum should document procedures used
      to identify ARARs and detail which Federal and State requirements were determined
      to be practicable.  It should briefly explain  by referring to the two factors for
      determining practicability (i.e., urgency of the situation, and scope of the removal
      action) why compliance with certain Federal and/or State ARARs was determined
      not to be practicable. The OSC should provide this information in the "Proposed
      Actions and Estimated Costs" section of the Action Memorandum under the heading
      "ARARs." More information is provided in the "Action Memorandum Guidance."

      Compliance with Applicable or Relevant and Appropriate Requirements—Example
      Discussion

      Potential Federal ARARs for the removal action at the Pleasant Harbor Oil Recycling
      Company site in Any State,  U.S.A. were identified with the help of Region 11
      representatives of the Office of Solid Waste, the Office of Water, the Office of Air
      Quality Planning and Standards, and the Office of Toxic Substances.  The OSC
      communicated with these offices on February 12,15,16, and 17,199x, respectively.
      Based on these communications, the following were identified as practicable Federal
      ARARs for the site:

             •      RCRA Subtitle C (40 CFR 264 Subpart J) requirements for storage of
                   a RCRA hazardous waste (KO52 - Petroleum refining industry tank
                   bottoms) in a tank with secondary containment

             •      TSCA requirements for storage of PCBs

             •      TSCA requirements to incinerate PCB-contaminated waste at a
                   TSCA-permitted incinerator

             •      Clean Water Act section 404 requirements for dredging a Federally
                   designated wetland.

      The following administrative and substantive requirements were determined to be
      applicable to off-site actions:

             •      RCRA and DOT requirements for transportation of a hazardous waste
                   (manifest requirements, storage, and labeling of waste).

      The following was identified as a requirement to be considered (TBC) for the site:

             •      TSCA PCB  Spill Policy  requirements  for  cleanup of PCB-
                   contaminated soil in a residential area
                                         28

-------
                                         DOCUMENTING ARARs EVALUATION
EXHIBIT 9(2).  EXAMPLE ARARS DOCUMENTATION FOR ACTION
               MEMORANDUM
   The OSC informed Any State Department of Environmental Resources (ADER)
   officials on February 7, 199x, that the performance of a CERCLA-funded removal
   action was being contemplated and requested them to identify potential State ARARs
   for the site. The OSC, through discussions with the Office of Water, determined that
   the State has been delegated the NPDES authorities. On February 8,199x, the OSC
   followed-up this request in a letter to the ADER. On February 17,  199x, the OSC
   received a list of potential ARARs from the ADER. The following State ARAR was
   determined to be practicable for the site:

         •      AnyState surface water direct discharge effluent limitations for
                wastewater treatment effluent contaminated with lead,  zinc, and
                arsenic.

   The ARAR identified above was considered in the selection of a response action. The
   selected response action includes: excavation of all soil contaminated by PCBs at a
   level above 10 ppm in area 1 and transportation of contaminated soil to a TSCA-
   permitted incinerator; removal of drummed electroplating waste from area 2 and
   disposal in a  RCRA-permitted landfill  meeting RCRA minimum technology
   requirements; treatment and discharge of on-site lagoon liquids into the XYZ stream,
   which is considered part of the site; and dredging of an on-site wetland to remove
   PCB-contaminated sediments (above 10 ppm) in accordance with U.S. Army Corps
   of Engineers regulations. This action complies with the ARAR identified above.
   Compliance with AnyS tate antidegradation requirements and AnyS tate ground water
   clean-up standards was determined to be impracticable because these requirements
   were outside the scope of the removal action.
                                    29

-------
                          APPENDIX A. REFERENCES
Guidance
[I] OSWERDir. 9234.1-01 and 9234.1-02, CERCLA Compliance with Other Laws Manual: Parts
      I and II (August 1988 and August 1989 respectively)

[2] OSWER Dir. 9360.12A, "Guidance on Implementation of the Revised Statutory Limits on
      Removal Actions" (June 12,1989)

[3] OSWER Dir. 9834.11, "Revised Procedures for Implementing Off-site Response Actions"
      (November 13,1987)

[4] OSWER Dir. 9837.2A, Enforcement Project Management Handbook (January 1991)


Statutes and Regulations

The Comprehensive Environmental Response, Compensation, andLiabilityActof 1980 (CERCLA),
      as amended, 42 USC Sections 9601-9675

The National Oil and Hazardous Substances Pollution Contingency Plan,  55 Federal  Register
      8666-8865 (March 8,1990)
  7 Bracketed numbers appear throughout the text and correspond to the references listed in this appendix. These
    references may be consulted for additional information on ARARs.
                                        30

-------
                          APPENDIX B.  KEY WORDS INDEX
 Action Memorandum	26

 ARARs
       Chemical-specific	3; 17
       Location-specific	........3, 18
       Action-specific	                                     •2' in
       T-,  ,   , *                             	->5 J--7
       Federal	                10
       state	!!!"!!""!!"""!!!!!!!!!!!"!!!!!!!"!!!!   is

 Documentation	26 28

 Identification (of ARARs	10, 13

 National Contingency Plan (NCP)	iii, i

 Notification	 13

 Removal Actions
       Emergency	          5  g
       Time-critical	...."!.!.!.!!."..!s' 8
       Non-time-critical	".'.'.'.".""6  9

 Scope of the Removal Action	22

 State (Responsibility/role)	20

Urgency	22

Waivers (ARARs)	24
                                           31            'U.S. Government Printing Office: 1991 — 548-187/40604

-------

-------