United State*
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Directive 9234.2-02FS
September 1989
CERCLA Compliance with Other Laws Manual
GUIDE TO MANUAL
The 1986 Superfund Amendments and Reauthorization Act (SARA) adopts and expands a provision in the 1985
National Contingency Plan (NCP) that remedial actions must at least attain applicable or relevant and appropriate
requirements (ARARs). Section 121(d) of CERCLA, as amended by SARA, requires attainment of Federal ARARs
and of State ARARs in State environmental or facility siting laws when the State requirements are promulgated, more
stringent than Federal laws, and identified by the State in a timely manner. Under EPA regulation and policy, removal
actions must comply with ARARs to the extent practicable.
To implement the ARARs provision, EPA has developed guidance, CERCLA Compliance with Other Laws Manual:
Parts I and II (OSWER Directives 9234.1-01 and 9234.1-02, respectively). EPA is preparing a series of short fact sheets
that summarize the guidance document (OSWER Directives 9234.2 series). This Fact Sheet provides a guide to the
compliance manual. The compliance manual is based on policies set forth in the proposed December 21,1988 revisions
to the NCP. The final NCP may adopt policies different from those covered here and should, when promulgated, be
considered the authoritative source.
I. PURPOSE OF MANUAL
The CERCLA Compliance with Other Laws
Manual is intended to assist in the identification and
evaluation of ARARs for removal and remedial actions.
The manual provides guidance to Remedial Project
Managers, On-Scene Coordinators, State personnel, and
others responsible for or assisting in response actions
under sections 104, 106, and 122 of CERCLA. The
manual is also intended to assist in the selection of on-
site remedial actions that meet the ARARs of the
Resource Conservation and Recovery Act (RCRA), the
Clean Water Act (CWA), the Safe Drinking Water Act
(SDWA), the Clean Air Act (CAA), the Toxic
Substances Control Act (TSCA), the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), and other
Federal and State environmental laws, as required by
CERCLA section 121. In general, different ARARs for
a site and its remedial action will be identified at
various points in the remedy selection process.
II. DEFINITIONS OF ARARS
A requirement under other environmental laws
may be either 'applicable* or "relevant and appropriate,"
but not both. Identification of ARARs must be done
on a site-specific basis and involves a two-part analysis:
first, a determination of whether a given requirement is
applicable; then, if it is not applicable, a determination
of whether it is nevertheless both relevant and
appropriate.
• Applicable requirements are those cleanup
standards, standards of control, and mher
substantive environmental protection
requirements, criteria, or limitations
promulgated under Federal or State law that
specifically address a hazardous substance,
pollutant, contaminant, remedial action,
location, or other circumstance at a CERCLA
site. --; "- : ; ;.-.:•• •:.'•• -*-;-: ' ••••:. "•• '••::::-:-x
• Relevant and appropriate requirements are
those same standards; mentioned above that
while not "applicable" at the CERCLA site,
address problems or situations sufficiently
similar to those encountered at the site that
their use is well suited to the particular site.
On-site actions are required to comply with ARARs,
but must comply only with the substantive parts of an
applicable or relevant and appropriate requirement.
Off-site actions must comply only with legally applicable
requirements, but must comply fully with both
substantive and administrative requirements.
Printed on Recycled Paper
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IE. CONTENTS OF MANUAL
Part I describes general procedures for identifying
ARARs and complying with ARARs in RCRA CWA
SDWA and ground-water policies. Pan I is organized
as follows:
• Chapter 1, General Procedures for CERCLA
Compliance with Other Statutes • defines the
terms "applicable" and "relevant and appropriate,"
describes general procedures for identifying and
analyzing requirements, identifies waivers from
ARARs, and provides matrices listing types of
potential ARARs from RCRA, CWA, and SDWA
• Chapter 2, Guidance for CERCLA Compliance
with RCRA - discusses RCRA hazardous waste
requirements and policies for determining when
RCRA requirements are ARARs for CERCLA
actions, including what actions at a CERCLA site
constitute "disposal," as defined by RCRA
• Chapter 3, Guidance for Compliance with Clean
Water Act Requirements - provides guidance for
compliance with CWA substantive requirements
for direct discharges, indirect discharges, and
dredge-and-fill activities.
• Chapter 4, Guidance for Compliance with
Requirements of the Safe Drinking Water Act -
provides guidance for compliance with SDWA
requirements that may be ARARs, including
drinking water standards and the requirements for
underground injection control, sole-source
aquifers, and the wellhead protection program.
• Chapter 5, Ground Water Protection Policies -
discusses ground-water classification, provides
guidance on consistency with policies for ground-
water protection, and includes a hypothetical
scenario for illustrating how ARARs are identified
and used.
• Appendix A provides an overview of the major
environmental statutes and regulations covered in
Part I.
Pan II of the manual describes general procedures for
complying with ARARs in CAA TSCA FIFRA, other
resource protection statutes, mining waste statutes, and
State ARARS. Part II is organized as follows:
• Chapter 1, Introduction and Overview - provides
an introduction and overview of Pan II of the
guidance manual and includes matrices of
potential ARARs covered in Part II.
• Chapter 2, Clean Air Act Requirements and
Related RCRA and State Requirements - provides
guidance for compliance with CAA requirements
(including the National Ambient Air Quality
Standards, the National Emissions Standards for
Hazardous Air Pollutants, and the New Source
Performance Standards) and related RCRA and
State requirements for air emissions.
• Chapter 3, Standards for Toxics and Pesticides -
provides guidance for compliance with statutes
(i.e., TSCA and FIFRA) that address toxic
substances (particularly PCBs) and pesticides.
• Chapter 4, Other Resource Protection Statutes -
provides guidance for compliance with other
resource protection statutes, including the
National Historic Preservation Act, the
Archeological and Historic Preservation Act, the
Endangered Species Act, the Wild and Scenic
Rivers Act, the Fish and Wildlife Coordination
Act, the Coastal Zone Management Act, and the
Wilderness Act.
• Chapter 5, Standards, Advisories, and Guidance
for the Management of Radioactive Waste
discusses potential ARARs and potentially useful
guidance for cleaning up radioactively
contaminated sites and buildings. Major acts
discussed include the Uranium Mill Tailings
Radiation Control Act, the Atomic Energy Act,
the Nuclear Waste Policy Act, CAA and CWA
• Chapter 6, Potential ARARs For CERCLA
Actions at Mining, Milling, or Smelting Sites -
provides guidance for compliance with statutes
incorporating standards for mining, milling, or
smelting sites, including the Surface Mining
Control and Reclamation Act and RCRA
• Chapter 7, CERCLA Compliance with State
Requirements discusses eligibility requirements for
State programs, specific types of State laws (e.g.,
siting requirements), and procedures for
communicating State ARARs.
• Appendix A provides guidance for compliance with
CAA Part C requirements under the Prevention
of Significant Deterioration program.
• Appendix B describes Federal/State relationship
under major Federal environmental statunf
including whether the statute allows for State
authorization of the program and whether the
State provisions are identical or more stringent
than the Federal requirements.
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