United States Office of Publication 9234.3-001
Environmental Protection Solid Waste and
Agency Emergency Response December 1989
c/EPA ARARs Short Guidance
Quarterly Report
Office of Emergency and Remedial Response Intermittent Bulletin
Office of Program Management OS-240 Volume 1 Number 1
The ARARs Short Guidance Quarterly Report provides an annotated description of all published short
guidance on ARARs. Short guidance documents on ARARs include Fact Sheets, Q's & As, Memoranda
resolving ARARs issues, and the Guide to the CERCLA Compliance with Other Laws Manual. Each Quarterly
Report is comprehensive to date, and each item below is final unless otherwise noted. The ARARs short
guidance documents are designed to supplement, not supplant, the CERCLA Compliance with Other Laws
Manual. This report will expressly note any ARARs short guidance that supercedes information provided in the
CERCLA Compliance with Other Laws Manual. Single copies of all of these short guidance documents may
be obtained by calling or writing the Superfund Docket and Information Center, U.S. EPA, OS-245, 401 M St.
SW, Washington, DC 20460; (202) or FTS 382-6940. Copies of the CERCLA Compliance with Other Laws
Manual (Part I -- EPA/540/G-89/006, Part II -- EPA/540/G-89/009) may be obtained from CERI, U.S. EPA, 26 West
Martin Luther King Drive, Cincinnati, OH 45268; (513) 569-7562.
ARARS Q'S and A'S Publication 9234.2-01/FS
May 1989 4 pages
The ARARs Q's & A's Fact Sheet (first in an expected series of Q's & A's) addresses seven general
ARARs policy questions, such as: (1) the distinction between 'applicable' and "relevant and appropriate'
requirements; (2) whether ARARs that are not required for protectiveness have to be met; and (3) whether
environmental resource laws such as the Endangered Species Act are potential ARARs. The Q's & A's
also discusses three RCRA ARARs issues: (1) RCRA delisting when wastes remain on-site; (2) RCRA
financial responsibility requirements as potential ARARs; and (3) the applicability of minimum technology
requirements for existing hazardous waste pits closed before 1980. Finally, the Q's & A's addresses four
ARARs questions arising from the Clean Water Act and the Safe Drinking Water Act; one question
addresses ground-water antidegradation laws and three focus on MCLs and MCLGs.
Guide tO Manual Publication 9234.2-02/FS
September 1989 2 pages
The Guide to Manual Fact Sheet describes the overall purpose of the CERCLA Compliance with Other
Laws Manual: Parts I and II. It also serves as a table of contents to the manual by describing the
contents of each chanter of both parts of the manual.
Printed on Recycled Paper
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ARARs SHORT GUIDANCE
QUARTERLY REPORT (cont'd)
RCRA ARARs: FOCUS OR Publication 9234.2-04/FS
Closure Requirements
October 1989 5 pages
The RCRA ARARs Fact Sheet provides an overview of RCRA Subtitle C ARARs and describes when RCRA
requirements are ARARs. The Fact Sheet also focuses on RCRA closure requirements, discussing when
RCRA closure requirements are ARARs, and what the RCRA minimum technology requirements
encompass. The elements and consequences of State authorization under RCRA are also summarized.
Siiperfund LDR Guide #1, Overview Publication 9347.3-01/FS
of RCRA LDRs
July 1989 4 pages
The LDR Overview Fact Sheet defines land disposal, describes the RCRA LDR statutory deadlines, and
summarizes statutory waste categories. Other topics discussed include: types of LDR restrictions, LDR
compliance options, and soil and debris wastes. Finally, it addresses other LDR requirements, including
storage prohibitions, exemptions for treatment in surface impoundments, dilution prohibitions, and LDR
testing, notification, and compliance certification requirements.
Superfund LDR Guide #2, Complying with the Publication 934?.3-o2/ps
California List Restrictions under LDR
July 1989 2 pages
The LDR California List Restrictions Fact Sheet defines California List Wastes, describes the California List
LDR restrictions, and summarizes the overlap between California List LDR restrictions and other treatment
standards. The Fact Sheet also provides a chart that sets forth prohibition levels and treatment standards
for California List Wastes.
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ARARs SHORT GUIDANCE
QUARTERLY REPORT (cont'd)
Superfund LDR Guide #3, Treatment Standards Publication 9347.3-os/FS
and Minimum Technology Requirements under LDR
July 1989 4 pages
The LDR Treatment Standards and Minimum Technology Requirements Fact Sheet describes the three
types of treatment standards (concentration levels, specified technologies, and no land disposal) and
discusses the two types of tests for evaluating compliance with LDR treatment standards (the Total Waste
Analysis and the Toxicity Characteristic Leaching Procedure). The Fact Sheet also reviews treatment
standards in effect for RCRA hazardous wastes, and explains minimum technology requirements that apply
during a national capacity extension. Charts illustrate effective dates and LDR restrictions for Solvents
and Dioxins, California List Wastes, and certain First Third Wastes.
Superfund LDR Guide #4, Complying with Hammer Publication 9347.3-04/FS
Restrictions under LDR
July 1989 4 pages
The LDR Hammer Restrictions Fact Sheet discusses soft hammer wastes, restrictions, and requirements
for notifications, certifications, and demonstrations. Other topics include the overlap between California
List Wastes, soft hammer wastes, and hard hammer wastes. The Fact Sheet also highlights soft hammor
notification, certification, and demonstration requirements, hard hammer deadlines, and the process for
identifying soft hammer waste restrictions.
Superfund LDR Guide #5, Determining when LDRs Publication 9347.3-os/FS
are Applicable
July 1989 4 pages
The LDR Applicability Fact Sheet addresses three questions: (1) Does the response constitute placement?
(2) Is the CERCLA substance a RCRA hazardous waste? and (3) Is the RCRA waste restricted under the
LDRs? In addition, the Fact Sheet provides examples of areas of contamination (AOCs), highlights LDR
statutory deadlines, and illustrates the process of determining when LDRs are applicable requiremeits.
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ARARs SHORT GUIDANCE
QUARTERLY REPORT (cont'd)
Superfund LDR Guide #6A, Obtaining a Soil and Publication 9347.3-oe/FS
Debris Treatability Variance for Remedial Actions
July 1989 6 pages
The LDR Soil and Debris Treatability Variance Fact Sheet discusses the basis for a treatability variance,
describes how to obtain a treatability variance for soil and debris wastes, and summarizes compliance
with a treatability variance for soil and debris wastes. The Fact Sheet also highlights information to be
included when documenting a soil and debris treatability variance in an RI/FS report for on-site and off-
site CERCLA response actions. Sample language concerning treatability variances is provided for the
Proposed Plan and Record of Decision (ROD). A chart illustrates alternate treatability variance levels and
technologies established by EPA for structural/functional groups. The Fact Sheet also highlights stages
in the RI/FS process when LDRs are evaluated, and the identification of treatment levels for a treatability
variance.
Memorandum of Applicability of LDRs to Publication 9234.1-oe
RCRA and CERCLA GW Treatment Reinjection
December 1989 5 pages
This Memorandum establishes that LDR is not applicable to underground disposal of hazardous waste
into Class IV injection wells during CERCLA response actions or RCRA corrective actions. The
Memorandum explains that because LDR is not applicable, BOAT does not have to be met prior to each
reinjection or at the completion of the action in a pump-and-treat reinjection remediation system. The
Memorandum additionally explains why LDRs generally will not be relevant and appropriate requirements
for CERCLA response actions that involve ground-water reinjection.
Overview of ARARs - Focus on Publication 9234.2-os/FS
ARAR Waivers
December 1989 5 pages
The Overview ARARs Fact Sheet defines ARARs and To Be Considered fTBCs). It additionally focuses
on ARARs waivers by describing each waiver and providing waiver examples. Other topics discussed
include: (1) factors for identifying relevant and appropriate requirements; (2) "freezing" ARARs at the ROD;
(3) compliance with ARARs for on-site versus off-site actions; (4) types of ARARs; and (5) ARARs
documentation.
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ARARs SHORT GUIDANCE
QUARTERLY REPORT (cont'd)
CERCLA Compliance with State Publication 9234.2-os/ps
Requirements
December 1989 5 pages
The CERCLA Compliance with State Requirements Fact Sheet describes the statutory requirements for
State ARARs and defines such terms as "promulgated" and "more stringent.1 The Fact Sheet additionally
discusses policies with respect to the applicability of some typical State environmental or facility siting
laws. It also discusses roles of lead and support agencies with respect to the identification of ARARs,
and procedures to be followed when communicating ARARs.
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