United Slates
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
&EPA
DIRECTIVE NUMBER: 9234 . 0-02
TITLE: CERCLA Compliance with Other Environmenta
Statutes
APPROVAL DATE: October 2,
EFFECTIVE DATE: October 2 ,
ORIGINATING OFFICE: OERR
0 FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
1985
1985
S WE Ft OS WER OS WER
DIRECTIVE DIRECTIVE Dl
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DIRECTIVE NUMBER:
ORIGINATING OFFICE-OERR
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&EPA
United States Envirc—-•—-' Q-:- = :-
Wai............. -...-.-
OSWER Directive Initiation Request
2. Originator Information
Name of Contact Person
Steve Smith
Mail Code
WH548
Office
OERR
Telepnone Number
382-2200
3. Title
CERCLA Compliance with Other Environmental Statutes
4. Summary of Directive (Inciudi bri»l sttttment of purpose)
Memorandum sets forth the EPA policy on the applicability of the
standards, criteria, advisories, and guidance of other State and
Federal environmental and public health statutes to actions taken pursuan
to sections 104 and 106 of CERCLA.
5. Keywords
On-site, Off-site, Policy,
6a. Does this Directive Supersede Previous Directives)? M Yes
b. Does It Supplement Previous Directives)?
No What directive (numtw. tit/*)
Ye«
No Wh« Directive ^numoer.
7.. Draft Level
0 A — Signed by AA/DAA
l_l 8 — Signed by Office Director LJ C — For Review & Comment Q In Development
This Request Meets OSWER Directives System Format
8. Signature of Lead Office Directives Coordinator*
9. Name and Title of Approving Official
Daw
"^> ~U " *
'-~J (& £.
^7
Date
DSWER OSWER OSWER
DIRECTIVE DIRECTIVE ,
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\ UNITED STATE: /IRONM-NTA'-PRPTEC-'ON AGENCY
/ WASHINGTON. D.C. 20460
9234.0-02
OCT - 2 1985
AND EM6"GESC'» *ESBCSS =
MEMORANDUM
SUBJECT: CERCLA Compliance With Other Environmental Statutes
FROM: •T/Vinston porter
Assistant Administrator
TO: Regional Administrator
Regions I-x
This memorandum sets forth the Environmental Protection
Agency (EPA) policy on the applicability of the standards,
criteria, advisories, and guidance of other State and Federal
environmental and public health statutes to actions taken
pursuant to sections 104 and 106 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980
(CERCLA). This policy addresses considerations for on-site
and off-site actions taken under CERCLA.
I. Discussion
The National Oil and Hazardous Substances Pollution
Contingency Plan (NCP) establishes the process for determining
appropriate removal and/or remedial actions at Superfund
sites. In the course of this process, EPA will give primary
consideration to the selection of those response actions that
are effective in preventing or, where prevention is not
practicable, minimizing the release of hazardous substances
so that they do not migrate to cause substantial danger to
present or future public health, welfare, or the environment.
As a general rule, this can be accomplished by pursuing
remedies that attain or exceed the requirements of applicable
or relevant and appropriate Federal public health or environ-
mental laws. However, because of unique circumstances at
particular sites, there may be alternatives that do not meet
the standards of other laws, but that still provide protection
of public health, welfare, and the environment.
Although response actions that prevent hazardous sub- '
stances from migrating into the environment are seen as the
most effective under CERCLA, actions which minimize migration
must also be considered since CERCLA primarily addresses
inadequate past disposal practices and resulting unique sita
conditions. At certain sites, it may be technically impractical,
environmentally unacceptable, or excessively costly to implement
a response action that prevents migration or restores the
site to its original, uncontaminated condition.
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9234.0-Q"2"
II. Policy
Section 104 of CERCLA requires that for off-site remedial
actions, storage, destruction, treatment or secure disposition,
be in compliance with subtitle C of the Resource Conservation
and Recovery Act (RCRA). CERCLA is silent, however, concerning
the requirements of other laws with regard to all other
response actions taken pursuant to sections 104 and 106.
As a general rule, the Agency's policy is to attain or
exceed applicable or relevant and appropriate Federal environ-
mental and public health requirements in CERCLA response actions
unless one of the specifically enumerated situations is present.
Where such a situation is present and a requirement is not
followed, the Agency must document and explain the reasons in
the decision documents. Other Federal criteria, advisor!*,,
guidances, and State standards also will be considered ana may
be used in developing remedial alternatives, with adjustments
for site specific circumstances. If EPA does not use, or uses
and adjusts any pertinent standards in this category, .EPA will
fully document the reasons why in the decision documents.
A. On-site Response Actions
(1) For removal actions, EPA's policy is to pursue
actions that will meet applicable or relevant and appropriate
requirements of other Federal environmental and public health
laws to the maximum extent practicable, considering the
exigencies of the situation.
(2) For remedial actions, EPA's policy is to pursue
remedies that attain or exceed applicable or relevant and
appropriate requirements of other Federal public health and
environmental laws, unless the specific circumstances identi-
fied below exist.
CERCLA procedural and administrative requirements will
be modified to provide safeguards similar to those provided
under other laws. Application for and receipt of permits is
not required for on-site response actions taken under the
Fund-financed or enforcement authorities of CERCLA.
B. Off-Site Response Actions
CERCLA removal and remedial activities that involve the
removal of hazardous substances from a CERCLA site to off-
site facilities for proper storage, treatment or disposal must
be in compliance with all applicable or relevant standards
of Federal environmental and public health statutes.
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Off-site facilities that are used for st. ..e, tr
or disposal of Superfund wastes must have all appropriate
'permits or authorizations. 9234 Q_Q2
If the facility or process that is being considered for
receipt of the Superfund wastes has not been permitted or
authorized, the State or responsible party will be required
to obtain all appropriate permits. Furthermore, as stated in
the Agency1* off-site policy memorandum, "Procedures for
Planning and Implementing Off-Site Response Actions"/ May 6,
1985, barring several exceptions enumerated in that memorandum,
no CERCLA hazardous substances shall be taken off-site to a
unit in a RCRA facility if the receiving Region^s Administrator
determines that the unit has significant RCRA violations or
other environmental conditions that affect the satisfactory
operation of the facility. A State's responsibility for
obtaining any appropriate Federal, State or local permits
(e.g., RCRA, TSCA, NPDES, UIC, Clean Air, etc.) will be specified
in a contract or cooperative agreement with the State as
part of its assurances required under section 104(c) of CERCLA.
III. Other Laws or Guidances That May Be Used to Determine
the Appropriate Extent of Response Actions
Federal and State environmental and public health requirements,
criteria, guidance and advisories fall into two categories:
0 Federal requirements that are applicable or relevant
and appropriate,
0 Other Federal criteria, advisories, guidances, and
State standards to be considered.
An initial list of both categories is attached.
A. Applicable or Relevant and Appropriate Federal Requirements
•Applicable" requirements are those Federal requirements
that would be legally applicable, whether directly, or as
incorporated by a federally authorized State program, if
the response actions were not undertaken pursuant to CERCLA
section 104 or 106.
"Relevant and Appropriate* requirements are those Federal
requirements that, while not "applicable", are designed to
apply to problems sufficiently similar to those encountered
at CERCLA sites that their application is appropriate.
Requirement* may be relevant and appropriate if they
would be 'applicable" but for jurisdictional restrictions
associated with the requirement.
For example, the RCRA 40 CFR Part 264 Subpart F Ground-
Water Protection Standards would be applicable to the
management or cleanup of hazardous wastes in ground water
from hazardous waste management facilities if such actions
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9234.0-a
were not taken pursuant to CERCLA sections 104 or 106.
Yet RCRA Subtitle C regulations, while not applicable to
hazardous wastes disposed of prior to the November 19, 1980,
effective date of those regulations, could be relevant to
CERCLA response actions regardless of when the wastes were
disposed of or managed.
B. Other Federal Criteria, Advisories, Guidances and State
Standards to Be Considered'
This category includes other standards, criteria, advisories
and guidance that may be useful in developing Superfund remedies.
These criteria, advisories and guidances were developed by EPA,
other Federal agencies and the States. The concepts and data
underlying these requirements may be used at Superfund sites
in an appropriate way.
IV. Implementation
A. Removal Actions
For both on and off-site Fund-financed removal actions,
the lead agency should consult with the Regional Response Team
within the framework of the Regional Contingency Plan to deter-
mine the most effective action.
(1) On-site
For on-site removal actions, the lead agency shall, as
appropriate, attempt to attain or exceed all Federal applicable
or relevant and appropriate public health or environmental
requirements. The lead agency also shall, as appropriate,
consider other Federal criteria, guidances, and advisories as
well as State standards in formulating the removal action.
However, because removal actions often involve situations
requiring expeditious action to protect public health, welfare,
or the environment, it may not always be feasible to fully
meet them. In those circumstances wh*re they cannot be
attained, the decision documents, OSC reports, or other documents
should specify the reasons.
(2) Off-site
Off-«it« facilities that are used for storage, treatment,
or disposal of Superfund wastes must have all appropriate
permits or authorizations and, barring certain exceptions
enumerated in the off-site policy, no hazardous substance
shall be taken off-site to a unit in a RCRA facility if the
Region determines that the unit has significant RCRA violations
or other environmental conditions that affect the satisfactory
operation cf the facility.
1»
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9234.0-02
B. Remedial Actions
1. Presentation and Analysis of Alternatives
To the extent that it is both possible and appropriate,
at least one remedial alternative shall be developed as part of
the feasibility study (FS) in each of the following categories:
(a) Alternatives for treatment or disposal in an off-
site facility, as appropriate;1
(b) Alternatives that attain applicable and relevant and
appropriate Federal public health or environmental requirements;
(c* As appropriate, alternatives that exceed applicable
and relevant and appropriate public health or environmental
requirements^•
(d) As appropriate, alternatives that do not attain
applicable or relevant and appropriate public health-or
environmental requirements but will reduce the likelihood of
present or future threat from the hazardous substances and
that provide significant protection to public health, welfare
and environment. This must include an alternative that closely
approaches the level of protection provided by the applicable
or relevant and appropriate requirements;
(e) A no action alternative.
2. Selection of Remedy
The decisionmaker will consider all of the alternatives
arrayed in the feasibility study and will give primary considera-
tion to remedies that attain or exceed applicable or relevant and
appropriate Federal public health and environmental requirements.
Where the selected remedy involves an EPA standard, criterion,
or advisory, the decisionmaker will ensure appropriate coordination
with affected EPA programs.
In appropriate cases, the decisionmaker may select a
remedial action that includes both on- and off-site components.
1 These alternatives must be consistent with EPA's May 6, 1985
off-site policy, "Procedures for Planning and Implementing
Off-Site Response Actions". In some cases, off-site disposal
or treatment may not be feasible and this alternative may be
eliminated during initial screening of alternatives, The
decision documents should reflect this screening.
2 For instance, the Agency might choose incineration as an
alternative that exceeds what would be required by applicable
standards because it is a more permanent and reliable solution
than RCRA closure standards for land disposal facilities.
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The decisionmaker may select an alternative that does ""
not attain applicable or relevant standards in one of the five
following circumstances:
(a) Interim Remedy - Where the selected alternative
is not th« final remedy and will become part of a more
comprehensive remedy, the lead agency may select an interim
remedy;
(b) Fund-Balancing - For Fund-financed responses only, the
need for protection of public health, welfare and the environment
at the facility under consideration for all of the alternatives
that attain or exceed applicable or relevant and appropriate
Federal requirements is, considering the amount of money available
in the Fund, outweighed by the need for action at other sites
that may present a threat to public health or welfare or the envi-
ronment. In the event of Fund balancing, the lead agency shall
select the alternative which most closely approaches the level
of protection provided by applicable or relevant and appropriate
Federal requirements, considering the specific Fund-balanced
sum of money available for the immediate facility. Fund-balancing
is not a consideration in determining the appropriate' extent of
remedy when the response will be performed by a potentially
responsible party;
(c) Technical Impracticality - Where no alternative that
attains or exceeds applicable or relevant and appropriate Federal
public health or environmental requirements is technically prac-
tical to implement, the lead agency shall select the alternative
that most closely approaches the level of protection provided by
the applicable or relevant and appropriate requirements, and
which is reasonable to implement from an engineering perspective;
(d) Unacceptable Environmental Impacts - Where all the
alternatives that attain or exceed Federal public health or
environmental requirements, if implemented, will result in
significant adverse environmental impacts, the lead agency shall
select the alternative that most closely approaches the level of
protection provided by applicable or relevant and appropriate
requirements, without resulting in significant adverse environ-
mental impacts; or
(e) Overriding Public Interest Related to Enforcement -
Where the remedy is to be carried out pursuant to CERCLA
section 10ft, the Fund is unavailable, there is a strong
public interest in expedited cleanup, and the litigation
probably would not result in the desired remedy, the lead
agency will select the alternative that most closely approaches
applicable or relevant and appropriate Federal public health and
environmental statutes in light of the need to invoke the
exception.
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9234.0-02
Where one of these situations is present, the decision-
maker may select an alternative which does not attain or
exceed applicable or relevant and appropriate Federal public
health or environmental requirements, yet still provides
protection of the public health and welfare and the environment.
The basis for not meeting the requirements must be fully
documented and explained in the appropriate decision documents.
The Agency anticipates that most final CERCLA remedial actions
will attain or exceed applicable or relevant and appropriate
public health or environmental requirements.
Other Federal criteria, advisories, guidances, and State
standards also will be considered and may be used in developing
remedial alternatives, with appropriate adjustments for site
specific circumstances. If EPA does not use, or uses and adjusts
any pertinent standards in this category, EPA will fully document
the reasons why in the decision documents.
For Fund-financed actions, where State standards are
part of the cost-effective remedy, the Fund will pay to attain
those standards. Where the cost-effective remedy does not
include those State standards, the State may pay the .difference
to attain them.
3. Administrative and Procedural Aspects
The following modifications will be made to the Superfund
community relations program to ensure that it provides a
similar level of public involvement to that provided by the
permitting programs of other environmental laws:
• A fact sheet should be included with the public
notice and feasibility study which is provided to the public
2 weeks before the 3 week public comment period. The fact
.sheet will clearly summarize the feasibility study response
alternatives and other issues, including which alternatives
attain or exceed Federal public health and environmental re-
quirements. For those alternatives that do not attain
applicable or relevant and appropriate requirements of other
public health and environmental laws, the fact sheet shall
identify how they do not attain the requirements and explain
how they nonetheless meet the goals of CERCLA. The public
notice should include a timetable in which a decision will be
reached* any tentative determinations which the Agency has
made, th«p location where relevant documents can be obtained,
identification of community involvement opportunities, the name
of an Agency contact, and other appropriate information.
• A public notice and updated fact sheet should be
prepared upon (1) Agency selection of the final response
action and (2) completion of th« final «nqin@«ring
design. Prior to selecting the final engineering design,
the Agency may hold a public meeting to inform the public of
the design alternatives and to solicit comments.
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9234.0-02
0 'If a remedy is identified that is materially
different from those proposed during the feasibility study
public comment period, a new 3 week public comment period may
be required prior to amending the Record of Decision, taking
into consideration the features of the alternatives addressed
in the public comment period.
The CERCLA enforcement community relations program will
also be modified to provide for an enhanced public partici-
pation program for both consent decrees and administrative
orders. This program will be substantially equivalent to the
revised program for Fund-financed actions. Furthermore,
consent decrees and administrative orders will incorporate
administrative requirements (i. e. recordkeeping, monitoring)
similar to those mandated by other environmental programs.
V. Applicability of Policy
This policy applies to two situations:
• a site-specific FS has not yet been initiated;
the FS must fully comply with this policy.
0 the FS has been initiated, but the remedy has
not yet been selected; the requirements of this
policy shall be incorporated into the FS and
Record of Decision (ROD) as practicable.
This policy does not apply to RODs signed before February 12
1985, the date of proposal of this policy.
If you have any questions or comments, please contact
James Lounsbury, Director, Policy Analysis Staff (202 382-2182)
or Stephen M. Smith of his staff (202 382-2200).
Attachment
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0 Land Treatment (40 CFR 264.270-264.299, 265.270- 9234-°'°-
265.282) .
• Landfills (40 CFR 264.300-264.339, 265.300-265.316).
• Incinerators (40 CFR 264.340-264.999, 265.340-
265.369).
-° Dioxin-containing Wastes, (50 FR 1978).. Includes
the the final' rule for the listing of dioxin
containing waste.
2. EPA's Office of Water administers several potentially
applicable or relevant and appropriate statutes and
regulations issued thereunder:
a. Section 14.2 of the Public Health Service Act as
amended by the Safe Drinking Water Act as amended
(Pub. L. 93-523, 88 Stat 1660, 42 U.S.C. SOOf.et. seq. )
8 Maximum Contaminant Levels (for all sources of
drinking water exposure). (40 CFR 141.11-141.16)
0 Underground Injection Control Regulations. (40
CFR Parts 144, 145, 146, and 147)
b. Clean Water Act as amended (Pub. L. 92-500, 86 Stat
816, 33 U.S.C. 1251 e_t. seq. )
0 Requirements established pursuant to sections
301, 302, 303 (including State water quality
standards), 306, 307, (including Federal pretreat-
ment requirements for discharge into a publicly
owned treatment works), and 403 of the Clean
Water Act. (40 CFR Parts 131, 400-469)
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92*34.'0-C2
c. Marine Protection, Research, and Sanctuaries Act (33
U.S.C. 1401).
• Incineration at sea requirements. (40 CFR Part
220-225, 227, 228. See also 40 CFR 125.120-125.124)
EPA's Office of Pesticides and Toxic Substances
Toxic Substances Control Act (15 U.S.C. 2601).
0 PCS Requirements Generally: 40 CFR Part 761;
Manufacturing Processing, Distribution in Commerce,
and Use of PCBs and PCS Items (40 CFR 761.20-761.30);
Markings of PCBs and PCB Items (40 CFR 761.40-761.45);
Storage and Disposal (40 CFR 761.60-761.79). Records
and Reports (40 CFR 761.180-761.185). See also 40 CFR
. 129.105, 750.
0 Disposal of Waste Material Containing TCDD. (40
CFR Part 775.180-775.197).
EPA's Office of External Affairs
9 Section 404(b)(l) Guidelines for Specification of
Disposal Sites for Dredged or Fill Material
(40 CFR Part 230).
0 Procedures for denial or Restriction of Disposal
Sites for Dredged Material (§404(c) Procedures, 40
CFR Part 231).
EPA*» Office of Air and Radiation administers several
potentially applicable or relevant and appropriate statutes
and regulations issued thereunder:
a. The Uranium Mill Tailings Radiation Control Act of
1978 (42 U.S.C. 2022).
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POTENT'; -.Y APPrICA°LE ffR RELEVANT AND \PPPOPf T AT E R E QUI RE ME N 7 S'2
1. EPA's Office of Solid Waste administers, inter alia, the
Resource Conservation and Recovery Act of 1976, as amended
(Pub. L. 94-580, 90 Stat 95, 42 U.S.C. 6901 et seq.).
Potentially applicable or relevant requirements pursuant to
that Act are:
a. Open Dump Criteria - Pursuant to RCRA Subtitle D
criteria for classification of solid waste disposal
facilities (40 CFR Part 257).
Note: Only relevant to nonhazardous wastes.
b. In most situations Superfund wastes will be handled
in accordance with RCRA Subtitle C requirements
governing standards for owners and operators of
hazardous waste treatment, storage, and disposal
facilities: 40 CFR Part 264, for permitted
facilities, and 40 CFR Part 265, for interim status
facilities.
0 Ground Water Protection (40 CFR 264.90-264.109).
0 Ground-Water Monitoring (40 CFR 265.90-265.94).
0 Closure and Post Closure (40 CFR 264.110-264.120,
265.110-265.112).
0 Containers (40 CFR 264.170-264.178, 265.170-265.177).
• Tanks (40 CFR 264.190-264.200, 265.190-265.199).
• Surface Impoundments (40 CFR 264.220-264.249,
265.220-265.230).
0 Waste Piles (40 CFR 264.250-264.269, 265.250-265.258)
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• Uranium mill tailing rules - Health and
Environmental Protection Standards for Uranium
and Thorium Mill Tailings, (40 CFR Part 192).
b. Clean Air Act (42 U.S.C. 7401).
• National Ambient Air Quality Standards for
total suspended particulates (40 CFR Part 50.6-
50.7)
0 National Ambient Air Quality Standards for ozone
(40 CFR 50.9).
0 Standards for Protection Against Radiation - high
and low level radioative waste rule, (10 CFR Part
20). See also 10 CFR Parts 10, 40, 60, 61, 72,
960, 961.
0 National Emission Standard for Hazardous Air
Pollutants for Asbestos, (40 CFR 61.140-61.156).
See also 40 CFR 427.110-427.116, 763.
0 National Emission Standard for Hazardous Air
Pollutants for Radionuclides (40 CFR Part 61, 10
CFR 20.101-20.108).
6. Other Federal Requirements
a. OSHA requirements for workers engaged in response
activities are codified under the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651). The
relevant regulatory requirements are included under:
0 Occupational Safety and Health Standards (General
Industry Standards) (29 CFR PArt 1910).
0 The Safety and Health Standards for Federal
Service Contracts (29 CFR Part 1926).
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8 The Shipyard and Longshore Standards (29 CFR 9234.
Parts 1915, 1918) .
• Recordkeeping, reporting, and related regulations
(29 CFR Part 1904).
b. Historic Sites, Buildings, and Antiquities Act (16
. U.S.C. 461).
c. National Historic Preservation Act, 16 U.S.C. 470.
Compliance with NEPA required pursuant to 7 CFR Part
650. Protection of Archaelogical Resources: Uniform
Regulations — Department of Defense (32 CFR Part
229, 229.4), Department of the Interior (43 CFR Part
7, 7.4).
D.O.T. Rules for the Transportation of Hazardous
Materials, 49 CFR Parts 107, 171.1-171.500.
Regulation of activities in or affecting waters of the
United States pursuant to 33 CFR Parts 320-329.
The following requirements are also triggered by Fund-
financed actions:
0 Endangered Species Act of 1973, 16 U.S.C. 1531.
(Generally, 50 CFR Parts 81, 225, 402).
Wild and Scenic Rivers Act, 16 U.S.C. 1271.
Compliance with NEPA required pursuant to 36 CFR
Part 297.
• Fish and Wildlife Coordination Act, 16 U.S.C. 661
note.
0 Fish and Wildlife Improvement Act of 1978, and
Fish and Wildlife Act of 1956, 16 U.S.C. 742a note.
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9234-.0--02
• Fish and Wildlife Conservation Act of 1980, 16
U.S.C. 2901. (Generally, 50 CFR Part 83).
8 Coastal Zone Management Act of 1972, 16 U.S.C.
1451. (Generally, 15 CFR Part 930 and 15 CFR 923.45
for Air and Water Pollution Control Requirements).
OTHER FEDERAL CRITERIA, ADVISORIES, GUIDANCES,
AND STATE STANDARDS TO BE CONSIDERED
Federal Criteria, Advisories and Procedures
9 Health Effects Assessments (HEAs)
0 Recommended Maximum Concentration Limits (RMCLs)
0 Federal Water Quality Criteria (1976, 1980, 1984).
Note: Federal Water Quality Criteria are not legally
enforceable. State water quality standards are legally
enforceable, developed using appropriate aspects of
Federal Water Quality Criteria. In many cases, State
water quality standards do not include specific numerical
limitations on a large number of priority pollutants.
When neither State standards nor MCLs exist for a
given pollutant, Federal Water Quality Criteria are
pertinent and therefore are to be considered.
0 Pesticide registrations.
0 Pesticide and food additive tolerances and action levels.
Not*: Germane portions of tolerances and action levels
may be pertinent and therefore are to be considered in
certain situations.
* Waste load allocation procedures, EPA Office of Water.
• Federal sole source aquifer requirements.
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9234.0-02
e Public health basis for the decision to list pollutants
as hazardous under section 112 of the Clean Air Act.
0 EPA'ft Ground-water Protection Strategy.
0 New Source Performance Standards for Storage Vessels
for Petroleum Liquids.
0 TSCA health data.
• Pesticide registration data.
0 TSCA chemical advisories (2 or 3 issued to date).
0 Advisories issued by FWS and NWFS under the Fish and
Wildlife Coordination Act.
8 Executive Orders related to Floodplains (11988) and
Wetlands (11990) as implemented by EPA's August 6, 1985,
Policy on Floodplains and Wetlands Assessments for
.CERCLA Actions.
* TSCA Compliance Program Policy.
0 OSHA health and safety standards that may be used to
• protect public health (non-workplace).
0 Health Advisories, EPA Office of Water
State Standards
* State Requirements on Disposal and Transport of
Radioactive wastes.
0 State Approval of Water Supply System Additions or
Developments.
• State Ground Water Withdrawal Approvals.
* Requirements of authorized (Subtitle C of RCRA) State
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•923-4.0-02
hazardous waste programs.
0 State Implementation Plans and Delegated Programs
Under Clean Air Act.
• All other State requirements, not delegated through
EPA authority.
0 Approved State NPDES programs under the Clean Water Act.
0 Approved State UIC programs under the Safe Drinking
Water Act.
Note: Many other State and local requirements could
be pertinent. Forthcoming guidance will include a
more comprehensive list.
3. USEPA RCRA Guidance Documents
• Draft Alternate Concentration Limits (ACL) Guidance
A. EPA's RCRA Design Guidelines
1. Surface Impoundments, Liners Systems, Final Cover and
Freeboard Control.
2. Waste Pile Design - Liner Systems.
3. Land Treatment Units.
4. Landfill Design - Liner Systems and Final Cover.
B. Permitting Guidance Manuals
1. Permit Applicant's Guidance Manual for Hazardous Waste
Land Treatment, Storage, Disposal Facilities.
2. Permit Writer's Guidance Manual for Hazardous Waste
Land Treatment, Storage, and Disposal Facilities.
3. Permit Writer's Guidance Manual for Subpart F.
4. Permit Applicants Guidance Manual for the General
Facility Standards.
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9234.0-02
5. Waste Analysis Plan Guidance Manual.
6. Permit Writer's Guidance Manual for Hazardous Waste
Tanks.
7. Model Permit Application for Existing Incinerators.
8. Guidance Manua.l for Evaluating Permit Applications
for the Operation of Hazardous Waste Incinerator Units.
9. A guide for Preparing RCRA Permit Applications for
Existing Stc:dge Facilities.
10. Guidance Manual on closure and post-closure Interim
Status Standards.
C. Technical Resource Documents (TRDs)
1) Evaluating Cover Systems for Solid and Hazardous Waste.
2.) Hydrologic Simulation of Solid Waste Disposal Sites.
3) Landfill and Surface Impoundment Performance Evaluation.
4) Lining of Water Impoundment and Disposal Facilities.
5) Management of Hazardous Waste Leachate.
6) Guide to the Disposal of Chemically Stabilized and
Solidified Waste.
7) Closure of Hazardous Waste Surface Impoundments.
8) Hazardous Waste Land Treatment.
9) Soil Properties, Classification, and Hydraulic
Conductivity Testing.
D. Test Methods for Evaluating Solid Waste
1) Solid Waste Leaching Procedure Manual.
2) Methods for the Prediction of Leachate Plume Migration
and Mixing.
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3) Hydrologic Evaluation of Landfill Performance (HELP)
Model Hydrologic Simulation on Solid Waste Disposal
Sites.
4) Procedures for Modeling Flow Through Clay Liners to
Determine Required Liner Thickness
5) Test Methods for Evaluating Solid Wastes
6) A Method for Determining the Compatibility of Hazardous
Wastes
7) Guidance Manual on Hazardous Waste Compatibility
4. USEPA Office of Water Guidance Documents
A. Pretreatment Guidance Documents
1) 304(g) Guidance Document Revised Pretreatment Guidelines
(3) Volumes)
B. Water Quality Guidance Documents
1) Ecological Evaluation of Proposed Discharge of Dredged
Material into Ocean Waters (1977)
2) Technical Support Manual: Waterbody Surveys and
Assessments for Conducting Use Attainability Analyses
(1983)
3) Water-Related Environmental Fate of 129 Priority
Pollutants (1979)
4) Water Quality Standards Handbook (1983)
5) Technical Support Document for Water Quality-based
Toxics Control.
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9234.0-02
C. NPDES Guidance Documents
1) NPDES Best Management Practices Guidance Manual (June
1981)
2) Case studies on toxicity reduction evaluation (May 1983).
D. Ground Water/UIC Guidance Document
1) Designation of a USDW
2) Elements of Aquifer Identification
3) Interim guidance for public participation
4) Definition of major facilities
5) Corrective action requirements
6) Requirements applicable to wells injecting into,
through or above an aquifer which has been exempted
pursuant to §146.104(b)(4).
7) Guidance for UIC implementation on Indian lands.
5. U5EPA Manuals from the Office of Research and Developr.ent
1) EW 846 methods - laboratory analytic methods
2) Lab protocols developed pursuant to Clean Water Act
S304(h).
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