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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 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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                               -2-
                                                        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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                                -4-
                                                            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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                               -5-
                                                           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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                                -6-

    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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                              -7-
                                                             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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                             --                            923.4:0-
        •  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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                         -5-
    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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                          -7-
                                                          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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                               -8-
                                                            •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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                              -9
                                                           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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                             -10-                         9234.0-02
    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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                             -11-
                                                          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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