EPA540-R-98-020
United States Solid Waste and OSWER9205.5-10A
Environmental Protection Emergency Response PB98-963 228
Agency (5305W) June 1998
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
Applicable or Relevant and
Appropriate Requirements
Updated February 1998
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DISCLAIMER
This document was developed by Booz, Allen & Hamilton Inc. under contract 68-
WO-0039 to EPA. It is intended to be used as a training tool for Hotline specialists
and does not represent a statement of EPA policy.
The information in this document is not by any means a complete representation of
EPA's regulations or policies. This document is used only in the capacity of the
Hotline training and is not used as a reference tool on Hotline calls. The Hotline
revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position
of the Agency. This document is not intended and cannot be relied upon to create
any rights, substantive or procedural, enforceable by any party in litigation with the
United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free from the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time, Monday through Friday,
except federal holidays.
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APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS
CONTENTS
1. Introduction 1
2. Regulatory Summary 3
2.1 Role and Definition of Applicable or Relevant and Appropriate
Requirements 4
2.2 Types of ARARs 5
2.3 Extent of ARARs: On-Site vs. Off-Site Management 6
2.4 Remedial vs. Removal Actions 8
2.5 To-Be-Considered Guidelines and Other Controls 8
3. ARAR Identification 9
3.1 ARAR Identification Process 9
3.2 Federal ARARs: RCRA, CAA, CWA, SDWA, TSCA 10
3.3 State and Local ARARs 19
3.4 ARAR Waivers 19
4. Module Summary 23
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Applicable or Relevant and Appropriate Requirements - 1
1. INTRODUCTION
The Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, also known as Superfund, directed EPA to identify abandoned or
uncontrolled hazardous waste sites and to clean up the worst of these sites. The
Agency carries out these responsibilities through the Superfund response process,
according to procedures outlined in the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP). EPA's authority to initiate a Superfund response
is triggered by the release or threatened release of a hazardous substance into the
environment. To create the list of regulated hazardous substances, Congress
incorporated many substances regulated under other federal environmental laws,
such as the Clean Air Act (CAA), the Clean Water Act (CWA), and the Resource
Conservation and Recovery Act (RCRA). In 1980, Congress did not, however,
identify, or direct EPA to develop, uniform cleanup levels or management
standards for these hazardous substances. Congress established a risk-based
threshold for Superfund cleanups which allowed the Agency to achieve protective
results, while affording significant flexibility with respect to the selection of
remedial alternatives and the implementation of response activities. This approach
allowed EPA to tailor responses to account for the various types of substances
(solvents, radionuclides, PCBs, etc.) and types of contaminated media (soil,
groundwater, structures, etc.) found at Superfund sites, but left some doubt as to the
means to ensure safe hazardous substance management practices or to select
appropriate cleanup, emissions, and discharge levels. In the absence of
management and cleanup standards specific to the Superfund program, EPA's policy
to ensure protectiveness was to attain or exceed pertinent standards (unless waivers
were invoked) from existing federal environmental laws, including those laws
Congress had borrowed from to generate the list of hazardous substances.
Within the Superfund Amendments and Reauthorization Act (SARA) of 1986,
Congress essentially translated into law EPA's policy to use other environmental
laws to guide response actions. SARA added CERCLA §121(d), which stipulates that
the remedial standard or level of control for each hazardous substance, pollutant, or
contaminant be at least that of any applicable or relevant and appropriate
requirement (ARAR) under federal or state environmental law. For example, CWA
restrictions can be applicable to hazardous substances discharged into surface water
from a Superfund site. Regulations codified in the NCP govern the identification of
ARARs and require compliance with ARARs throughout the Superfund response
process, including during certain removal actions.
When you have completed this module, you should be able to:
• Describe the overall role played by ARARs in the Superfund response process
• Explain the difference between applicable and relevant and appropriate
requirements
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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2 - Applicable or Relevant and Appropriate Requirements
• Explain how ARARs apply to on- and off-site response actions
• Describe how and at what stages of the response process ARARs are identified
• Discuss the type and extent of ARARs that may apply to a given response
action
• Discuss specific laws and requirements that may come into play at a
Superfund site.
Use this list of objectives to check your knowledge of ARARs after you attend the
training session.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Applicable or Relevant and Appropriate Requirements - 3
2. REGULATORY SUMMARY
At the core of the Superfund program is a multi-phase response process used to
clean up the most dangerous hazardous substance releases in the nation. EPA
initiates the Superfund response process by identifying abandoned or uncontrolled
hazardous waste sites and hazardous substance releases, and then determining
which warrant attention. In emergency situations, the respondent (EPA, another
federal, state, or local agency, or a potentially responsible party (PRP)) will conduct a
removal action to eliminate the threat, whereas at sites where the threat is less
immediate, the respondent will perform more extensive investigations to
determine the appropriate remedial alternatives. In either case, the chosen
management standards and cleanup levels must be protective, based on a site-
specific risk assessment, and, for on-site response actions, consistent with state and
federal ARARs identified for the site.
CERCLA §121(d) specifies that on-site Superfund remedial actions must attain
federal standards, requirements, criteria, limitations, or more stringent state
standards determined to be legally applicable or relevant and appropriate to the
circumstances at a given site. Such ARARs are identified during the remedial
investigation/feasibility study (RI/FS) and at other stages in the remedy selection
process. For removal actions, ARARs are identified whenever practicable
depending upon site circumstances. To be applicable, a state or federal requirement
must directly and fully address the hazardous substance, the action being taken, or
other circumstance at a site. A requirement which is not applicable may be relevant
and appropriate if it addresses problems or pertains to circumstances similar to those
encountered at a Superfund site. While legally applicable requirements must be
attained, compliance with relevant and appropriate requirements is based on the
discretion of the Remedial Project Manager (RPM), On-Scene Coordinator (OSC), or
state official responsible for planning the response action.
The scope and extent of ARARs that may apply to a Superfund response action will
vary depending on where remedial activities take place. For on-site response
activities, CERCLA does not require compliance with administrative requirements
of other laws. CERCLA requires compliance with only the substantive elements of
other laws, such as chemical concentration limits, monitoring requirements, or
design and operating standards for waste management units for on-site activities.
Administrative requirements, such as permits, reports, and records, along with
substantive requirements, apply only to hazardous substances sent off site for
further management. The extent to which any type of ARAR will apply also
depends upon where response activities take place. Applicable requirements are
universally applicable, while relevant and appropriate requirements only affect on-
site response activities.
Many federal statutes and their accompanying regulations contain standards that
may be applicable or relevant and appropriate at various stages of a Superfund
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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4 - Applicable or Relevant and Appropriate Requirements
response. For instance, regulations promulgated under RCRA, CAA, CWA, and the
Safe Drinking Water Act (SDWA) frequently affect removal and remedial actions.
Laws and requirements enforced by agencies other than EPA may also be applicable
or relevant and appropriate at a Superfund site.
During on-site response actions, ARARs may be waived under certain
circumstances. In other cases, the response may incorporate environmental policies
or proposals that are not applicable or relevant and appropriate, but do address site-
specific concerns. Such to-be-considered (TBC) standards may be used in
determining the cleanup levels necessary for protection of human health and the
environment.
ARARs must be identified on a site-by-site basis. Features such as the chemicals
present, the location, the physical features, and the actions being considered as
remedies at a given site will determine which standards must be heeded. The lead
and support agencies (typically EPA and the state) are responsible for the
identification of ARARs, and will work closely with other federal and/or state
agencies to obtain information or technical assistance. This module describes the
procedures used to identify and implement ARARs at Superfund sites, and
highlights elements of certain federal environmental laws that frequently function
as ARARs.
2.1 ROLE AND DEFINITION OF APPLICABLE AND RELEVANT AND
APPROPRIATE REQUIREMENTS
ARARs are used in conjunction with risk-based goals to govern Superfund response
activities and to establish cleanup goals. EPA uses ARARs as the starting point for
determining protectiveness. When ARARs are absent or are not sufficiently
protective, EPA uses data collected from the baseline risk assessment to determine
cleanup levels. ARARs thus lend structure to the Superfund response process, but
do not supplant EPA's responsibility to reduce the risk posed by a Superfund site to
an acceptable level.
Determining exactly which laws and regulations will affect a Superfund response is
somewhat different than determining the impact of laws and regulations on
activities that take place outside the boundaries of a Superfund site. For instance,
for on-site activities, CERCLA requires compliance with both directly applicable
requirements (i.e., those that would apply to a given circumstance at any site or
facility) and those that EPA deems to be relevant and appropriate (even though they
do not apply directly), based on the unique conditions at a Superfund site.
APPLICABLE REQUIREMENTS
Applicable requirements are those cleanup standards, controls, and other
substantive environmental protection requirements, criteria, or limitations
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Applicable or Relevant and Appropriate Requirements - 5
promulgated under federal or state law that specifically address a hazardous
substance, pollutant, or contaminant, remedial action, location, or other
circumstance at a Superfund site (§300.400(g)). Basically, to be applicable, a
requirement must directly and fully address a CERCLA activity. For example, the
RCRA regulations governing the operation and design of hazardous waste
incinerators (40 CFR Part 264, Subpart O) apply to hazardous waste incinerators used
at Superfund sites.
Determining which standards will be applicable to a Superfund response is similar
to determining the applicability of any law or regulation to any chemical, action, or
location. The lead or support agency must examine federal and state statutes and
regulations to identify those which directly govern response activities.
RELEVANT AND APPROPRIATE REQUIREMENTS
CERCLA, in addition to incorporating applicable environmental laws and
regulations into the response process, requires compliance with other relevant and
appropriate standards which serve to further reduce the risk posed by a Superfund
site. Relevant requirements are those cleanup standards, standards of control, or
other substantive environmental provisions that do not directly and fully address
site conditions, but address similar situations or problems to those encountered at a
Superfund site. RCRA landfill design standards could, for example, be relevant to a
landfill used at a Superfund site, if the wastes being disposed of were similar to
RCRA hazardous wastes. Whether or not a requirement is appropriate (in addition
to being relevant) will vary depending on factors such as the duration of the
response action, the form or concentration of the chemicals present, the nature of
the release, the availability of other standards that more directly match the
circumstances at the site, and other factors (§300.400(g)(2)). In some cases only a
portion of the requirement may be relevant and appropriate.
The identification of relevant and appropriate requirements is a two step process;
only those requirements that are considered both relevant and appropriate must be
addressed at CERCLA sites. The RPM or OSC, based on their best professional
judgment, is ultimately responsible for deciding which requirements are both
relevant and appropriate.
2.2 TYPES OF ARARs
Environmental laws and regulations fit (more or less) into three categories: 1) those
that pertain to the management of certain chemicals; 2) those that restrict activities
at a given location; and 3) those that control specific actions. There are therefore
three primary types of ARARs. Chemical-specific ARARs are usually health- or
risk-based restrictions on the amount or concentration of a chemical that may be
found in or discharged to the environment. Examples include RCRA land disposal
restrictions (LDR) treatment standards and SDWA maximum contaminant levels
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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6 - Applicable or Relevant and Appropriate Requirements
(MCLs). Location-specific ARARs prevent damage to unique or sensitive areas, such
as floodplains, historic places, wetlands, and fragile ecosystems, and restrict other
activities that are potentially harmful because of where they take place. RCRA, for
example, prohibits the placement of hazardous waste in geologically unstable areas.
Action-specific ARARs are activity or technology based. These ARARs control
remedial activities involving the design or use of certain equipment, or regulate
discrete actions. The decision to dispose of a waste contaminated with
polychlorinated biphenyls (PCBs) could, for example, trigger requirements under the
Toxic Substances Control Act (TSCA) to burn the waste in an incinerator that meets
TSCA design and operating standards.
2.3 EXTENT OF ARARs: ON-SITE VS. OFF-SITE MANAGEMENT
The types of legal requirements applying to Superfund responses will differ to some
extent depending upon whether the activity in question takes place on site or off site
(the term "on site" includes not only the contaminated area at the site, but also all
areas in very close proximity to the contamination necessary for implementation of
the response action). Superfund responses must comply with all substantive
requirements that are "applicable" or "relevant and appropriate." Off site,
compliance is required only with applicable requirements, but both substantive and
administrative compliance are necessary. Thus, compliance on site is broader in
some respects, and narrower in others, than would be required where similar
actions were conducted outside the CERCLA context (e.g., if a private party were
doing an entirely voluntary cleanup on its own property).
On-site compliance is broadened by the need to comply with "relevant and
appropriate" as well as "applicable" requirements. For example, it could be relevant
and appropriate (and therefore mandatory) to achieve RCRA design standards for a
landfill accepting nonhazardous wastes with properties similar to hazardous wastes.
If the same wastes were sent off site, they would not necessarily have to go to a
RCRA-permitted facility, since RCRA standards are only directly applicable to
material defined as hazardous waste. (EPA could decide, as a matter of
"protectiveness," to require disposal at a RCRA landfill for such waste, but this
would not be a matter of "compliance" with RCRA.)
In some cases, hazardous substances may be managed on site during the course of a
response action, and then sent off site for treatment, storage or disposal. In such
cases, the requirements that must be complied with will depend on what activity
takes place on site and what is conducted off site. Activities conducted on site would
have to comply with all ARARs; those conducted off site would have to comply
only with applicable requirements. For example, wastes produced from sampling
activities during the site inspection (SI) or the RI/FS (known as investigation-
derived wastes) must be managed in accordance with federal or state ARARs so long
as they are on site, even if they may eventually be sent off site for disposal. This
might mean, for example, storing them in containers that meet RCRA standards
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Applicable or Relevant and Appropriate Requirements - 7
where the wastes are not strictly subject to RCRA, but present hazards that make
RCRA relevant and appropriate. When shipped off site, however, compliance with
RCRA manifesting and disposal rules would not be necessary.
On the other hand, compliance on site is narrower with regard to administrative
requirements. Congress limited the scope of EPA's obligation to attain
administrative ARARs through CERCLA §121(e), which states that no federal, state,
or local permits are required for on-site Superfund response actions. This permit
exemption allows the response action to proceed in an expeditious manner, free
from potentially lengthy delays associated with the permit process (it usually takes
several years to issue a RCRA permit, for example). The lack of permitting
authority does not impede implementation of an environmentally protective
remedy, since CERCLA and the NCP already provide a procedural blueprint for
responding to the release or threatened release of a hazardous substance into the
environment.
EPA interprets CERCLA §121(e) broadly to cover all administrative provisions from
other laws, such as recordkeeping, consultation, and reporting requirements. In
other words, administrative requirements do not apply to on-site response actions
(see Table 1). Only the substantive elements of other laws affect on-site responses.
Examples of substantive requirements include concentration limits for chemical
emissions or discharges and specifications for the design and operation of
remediation equipment. A liner system for a hazardous waste landfill is a
substantive standard that would, for example, be an ARAR for a landfill at a
Superfund site, while the RCRA requirement to obtain a permit or submit a waste
analysis plan for the landfill would not be an ARAR. Furthermore, where RCRA
hazardous waste is stored on site for more than 90 days, and then transported and
disposed of off site, EPA would not have to obtain a storage permit, but would have
to adhere to all federal and state administrative standards pertaining to the off-site
transportation and disposal.
Table 1
SCOPE AND EXTENT OF ARARs
Scope of Requirements
Extent to Which Other
Laws Apply
On-Site Compliance
Substantive
Applicable and Relevant
and Appropriate
Off-Site Compliance
Substantive and
Administrative
Applicable Requirements
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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8 - Applicable or Relevant and Appropriate Requirements
2.4 REMEDIAL VS. REMOVAL ACTIONS
The implementation of ARARs is an integral part of the Superfund response
process. ARARs may come into play throughout the course of a Superfund
response, including both remedial and removal actions. For remedial actions,
CERCLA requires compliance with ARARs for all hazardous substances remaining
on site at the end of the response. Removal actions must attain ARARs to the
extent practicable, considering site-specific circumstances, including the urgency of
the situation, the scope of the removal action, and the impact of ARARs on the cost
and duration of the removal action (§300.415(j)). The OSC would not, for example,
have to stop to identify ARARs prior to removing potentially explosive munitions
discovered in a residential area, or comply with an ARAR that would cause the
removal action to exceed the statutory 12 month, $2 million limits. OSCs must
document why certain ARARs are not practicable for emergency removal actions,
but should strive to implement those ARARs that are most crucial to the protection
of human health and the environment (for further information, see Superfund
Removal Procedures: Guidance on the Consideration of ARARs During Removal
Actions. EPA540-P-91-011).
2.5 TO-BE-CONSIDERED GUIDELINES AND OTHER CONTROLS
Since conditions vary widely from Superfund site to Superfund site, ARARs alone
may not adequately protect human health and the environment. When ARARs are
not fully protective, EPA may implement other federal or state policies, guidelines,
or proposed rules capable of reducing the risks posed by a site. Such TBC standards,
while not legally binding (since they have not been promulgated), may be used in
conjunction with ARARs to achieve an acceptable level of risk. TBCs are evaluated
along with ARARs as part of the risk assessment conducted for each CERCLA site to
set protective cleanup levels and goals. Proposed concentration-based action levels
under RCRA could, for instance, be used as TBC guidelines to trigger treatment of
soils contaminated with hazardous wastes. Because TBCs are not potential ARARs,
their identification is not mandatory.
When ARARs and TBCs do not specify a particular remedy, EPA has the discretion
to choose the best remedial alternatives. EPA prefers to use active control measures,
such as treatment, to eliminate the principal threats posed by a Superfund site. If
active measures are not practicable or cost-effective, institutional controls, such as
restrictions on site use or access, or engineering controls, such as waste containment,
may be used to prevent exposure to hazardous substances (§300.430(a)(iii)). A fence
restricting access to a contaminated area could, for example, be a satisfactory means
of reducing the risk posed by a Superfund site in the absence of ARARs, TBCs, or a
more permanent remedy.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Applicable or Relevant and Appropriate Requirements - 9
3. ARAR IDENTIFICATION
CERCLA §121(d) requires compliance with state and federal ARARs for wastes left
on site at the conclusion of a remedial response. The NCP requires attainment of
ARARs during removal actions where practicable, considering the urgency of the
situation (§300.415 (j)). In addition, EPA policy is to comply with ARARs throughout
the response action at all potential points of exposure, and to meet any TBC
standards necessary for protection of human health and the environment. ARARs
and TBCs must be identified on a site-specific basis, considering the hazardous
substances present, the site's physical features, the actions being considered as
remedies, and other factors. The lead and support agencies are responsible for the
identification of ARARs and TBC guidelines, and will work closely with other EPA
and state offices to determine which other laws should be considered and which
specific requirements must be implemented.
3.1 ARAR IDENTIFICATION PROCESS
ARAR identification is a critical element of the Superfund response process that
depends upon cooperation and communication among the lead and support
agencies and the appropriate EPA and state program offices. The ARAR
identification process begins during the scoping phase of the remedial investigation
(RI), and continues through the creation of the ROD, as illustrated by the following
flow chart:
ARAR IDENTIFICATION PROCESS
1. Scoping of the Rl/Site Characterization
List all chemicals present and location characteristics
Identify potential chemical- and location-specific ARARs and TBCs
Determine applicability and relevance and appropriateness of potential chemical- and location-
specific ARARs
2. Screening and Development of Alternatives (FS)
Identify all potential action-specific ARARs and TBCs for alternatives that pass through initial
screening
Determine applicability or relevance and appropriateness of potential action-specific ARARs
3. Detailed Analysis of Alternatives/Proposed Plans (FS)
List preferred alternatives and all associated ARARs and TBCs identified
Document and justify proposed ARAR waivers
4. Record of Decision
Document reason for selecting final remedial alternative and how ARARs and TBCs will be
attained
Document and justify final ARAR waivers
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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10 - Applicable or Relevant and Appropriate Requirements
3.2 FEDERAL ARARs: RCRA, CAA, CWA, SDWA, TSCA
Many federal statutes and regulations contain requirements that may function as
ARARs. Since no two Superfund sites are alike, it is impossible to state generically
which laws will come into play during a Superfund response. Certain federal laws
and the accompanying regulations do, however, address circumstances often
encountered at CERCLA sites. Among the laws with requirements that are
frequently applicable or relevant and appropriate to response actions are RCRA,
CWA, CAA, SDWA, and TSCA. The CERCLA Compliance with Other Laws
manuals (OSWER Directives 9234.1-01 and 9234.1-02) and accompanying fact sheets
contained in the Compendium of CERCLA ARARs Fact Sheets and Directives
(OSWER Directive 9347.3-15), provide detailed descriptions of how each of these
laws may impact the Superfund response process. The following subsections
summarize information found in the CERCLA Compliance with Other Laws
manuals and address those aspects of RCRA, CAA, CWA, SDWA, and TSCA that
often affect Superfund responses.
RESOURCE CONSERVATION AND RECOVERY ACT
RCRA regulates various waste management activities in order to encourage
resource conservation and protect human health and the environment. RCRA
Subtitle C and the Subtitle C regulations (appearing in 40 CFR Parts 260-299), which
govern hazardous wastes from the point of generation through the point of
disposal, have the greatest likelihood of being applicable or relevant and appropriate
to CERCLA response actions. The term "hazardous waste" encompasses discarded
materials which are listed in the RCRA Subtitle C regulations (hereafter referred to
as RCRA regulations) or which exhibit hazardous characteristics, including
ignitability, corrosivity, reactivity, and toxicity. RCRA ARARs come into play when
materials meeting the regulatory definition of a hazardous waste, either because
they are listed or exhibit a characteristic, or materials that are similar to hazardous
wastes, are encountered at Superfund sites.
RCRA and CERCLA are closely linked, both in terms of purpose and the types of
substances covered by each program. In fact, the list of CERCLA hazardous
substances includes all RCRA hazardous wastes (CERCLA §101(14)). EPA therefore
has the authority to respond to releases of hazardous wastes and to clean up
hazardous wastes present at Superfund sites. EPA also has the obligation to meet all
substantive ARARs pertaining to the management of hazardous wastes.
Applicable RCRA Requirements
In order for a RCRA requirement to be applicable to a Superfund response activity,
the materials being managed during a Superfund response activity must either be
listed in the RCRA regulations (§§261.31-261.33) or exhibit a hazardous waste
characteristic (§§261.20-261.24). RCRA requirements are only applicable to wastes
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Applicable or Relevant and Appropriate Requirements - 11
defined as hazardous. It is not always readily apparent whether a waste is
hazardous, since it is often necessary to know the origin of a waste to determine if it
is listed, and detailed information about a waste's origin is not always available at
CERCLA sites. Under such circumstances, the lead agency will use available site
information, storage records, and other records to make a hazardous waste
determination.
For wastes that are hazardous, a variety of substantive requirements may be
applicable, if CERCLA site-specific activities coincide with the treatment, storage,
and disposal activities regulated under Subtitle C. Potentially applicable RCRA
standards include design and operating standards for units that treat, store, or
dispose of hazardous wastes; treatment standards for wastes that will be placed on
the land; groundwater monitoring requirements; and closure standards for
treatment, storage, and disposal units.
Design and Operating Standards (Part 264): Among the potentially applicable
substantive RCRA standards are design and operating specifications for
hazardous waste treatment, storage, and disposal units used at Superfund
sites. For example, RCRA hazardous waste incinerator performance
standards (Part 264, Subpart O), such as destruction and removal efficiency
and limits on hydrogen chloride and particulate matter emissions, are
applicable to hazardous waste incinerators used during remedial actions.
RCRA design and operating standards are also applicable to containers and
tanks used to store hazardous wastes at CERCLA sites (Part 264, Subparts I and
J). RCRA land disposal unit design and operating standards, known
collectively as minimum technological requirements, apply when permanent
on-site disposal of hazardous wastes in landfills, waste piles, surface
impoundments, or land treatment units is part of the remedy (Part 264,
Subpart N).
Groundwater Monitoring (Part 264. Subpart F): Additional RCRA standards
may be applicable to hazardous waste land disposal units at CERCLA sites.
RCRA groundwater monitoring standards, which involve the use of
monitoring wells to detect the presence of contaminants in underlying
aquifers, are applicable when a Superfund response involves the creation of a
new land disposal unit or the remediation of an existing land disposal unit.
Land Disposal Restrictions (Part 268): The temporary or permanent placement
of restricted hazardous wastes on the land at a CERCLA site may trigger
RCRA land disposal restrictions (LDR) treatment standards as applicable
requirements. LDR treatment standards, which vary depending on the type
of hazardous waste being treated, are concentration- and technology-based
standards designed to reduce the mobility and toxicity of hazardous
constituents present in hazardous wastes. In order for LDR treatment
standards to apply, placement of restricted hazardous wastes must occur (not
all hazardous wastes are necessarily subject to LDR treatment standards).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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12 - Applicable or Relevant and Appropriate Requirements
Placement does not occur when restricted hazardous wastes are moved or
treated within an area of contamination (AOC), which is essentially a discrete
zone of continuous contamination at a Superfund site, but may occur in
other cases when hazardous wastes come into contact with the land at a
Superfund site. For further guidance on this issue, see Determining When
Land Disposal Restrictions (LDRs) Are Applicable to Response Actions
(OSWER Directive 9347.3-05FS).
Closure and Post Closure (Part 264. Subpart G): RCRA closure and post-
closure requirements may also be applicable to on-site hazardous waste
management units, such as tanks, waste piles, and surface impoundments,
that are taken out of service at Superfund sites. There are two types of
potentially applicable RCRA closure schemes: clean closure and landfill
closure. Clean closure involves removing or decontaminating all waste
residues, contaminated equipment, and contaminated soils so that no
additional care or monitoring is required, either at RCRA or CERCLA sites.
Landfill closure involves leaving hazardous wastes and contaminated
equipment in place, and may trigger applicable requirements such as the use
of a final cap or cover for the unit and continued groundwater monitoring in
the post-closure period.
RCRA administrative standards apply when hazardous wastes are sent off site for
further management. Administrative RCRA standards include the obligation to
obtain permits and keep various records at all hazardous waste treatment, storage,
and disposal facilities (TSDFs); and the requirement to include a hazardous waste
manifest (which is simply a special shipping paper) when sending hazardous wastes
off site.
Relevant and Appropriate RCRA Requirements
Management of wastes that do not meet the definition of RCRA hazardous wastes
may trigger relevant and appropriate RCRA requirements, if the wastes are
sufficiently similar to hazardous wastes to warrant such standards. For example, it
could be relevant and appropriate, prior to land placement, to subject wastes
containing significant concentrations of RCRA hazardous constituents (i.e.,
chemical constituents found in listed or characteristic hazardous waste) to LDR
treatment standards. The mere presence of RCRA hazardous constituents in a
CERCLA waste does not, however, necessarily mean that the waste is sufficiently
similar to a hazardous waste to trigger relevant and appropriate RCRA standards.
As always, the OSC or RPM must make the final decision regarding the
implementation of relevant and appropriate requirements.
CLEAN AIR ACT
The Clean Air Act is designed to protect and enhance the quality of air resources so
as to promote the public health and welfare and the productive capacity of its
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Applicable or Relevant and Appropriate Requirements - 13
population. The Act is divided into seven different titles, or sections, which
regulate various types of air emissions, including obvious air emission sources,
such as incinerators, as well as less obvious sources, such as air stripping,
solidification/stabilization, and other waste treatment technologies.
Only Titles I and III of CAA are likely to directly affect a Superfund remedial action.
Since on-site CERCLA actions are not subject to administrative procedures and
permit requirements (found within Title V of the CAA), CAA can therefore only
affect CERCLA actions substantively. The following paragraphs address regulations
promulgated under Titles I and III of CAA that may function as ARARs at a
Superfund site. For further information on CAA as an ARAR, see ARARs Fact
Sheet: Compliance with the Clean Air Act and Associated Air Quality
Requirements. OSWER Directive 9234.2-22FS.
National Ambient Air Quality Standards (NAAQSs)
Title I of CAA requires EPA to publish NAAQSs, or acceptable environmental
levels, for "criteria pollutants." To carry out this mandate, EPA requires each state
to identify areas that have attained NAAQSs for criteria pollutants (classified as
"attainment areas") and those that have not (classified as "non-attainment areas").
An area may be in attainment for one pollutant but in non-attainment for another.
EPA also requires each state to submit a State Implementation Plan (SIP) showing
how NAAQSs will eventually be achieved in non-attainment areas or will be
maintained in attainment areas. In establishing area-specific SIPs, states must
regulate certain point sources. These SIP point-source standards must be consistent
with New Source Performance Standard (NSPS), which are nationwide, EPA-
enforced point-source emission requirements (see below).
NAAQSs are not enforceable in and of themselves. Any substantive standards
contained within the SIP are, however, federally enforceable, and are potential
ARARs. Although NAAQSs themselves are never ARARs, they may be used as
other criteria or guidelines to be considered (TBCs) on an appropriate basis.
To determine whether elements of NAAQSs (as embodied in a SIP) will be
applicable, the RPM must consider whether the area is a non-attainment or
attainment area. In general, states promulgate "reasonably available control
technology" for existing sources within a non-attainment area in order to achieve
NAAQSs. Since new sources, such as incinerators or waste treatment operations at
CERCLA sites, can raise emissions in an area above NAAQSs for particular
pollutants, they may be affected by SIPs. CAA does, however, allow for existing
sources to reduce their collective emissions to "make room" for the new source.
New sources must also comply with other requirements, such as setting a state-
approved lowest achievable emission rate.
In attainment areas, CAA requires a Prevention of Significant Deterioration
Program (PSD), designed essentially to make sure the area does not recede into non-
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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14 - Applicable or Relevant and Appropriate Requirements
attainment. The program (called the primary control strategy) regulates the
construction of new sources and major modifications to existing sources. PSD
requirements will be potential ARARs for response actions when major new
sources or modifications occur in an attainment area (e.g., incineration, air
stripping, or soil vapor extraction equipment at a CERCLA site).
New Source Performance Standards (NSPS)
NSPSs, promulgated pursuant to Title I of CAA, only apply to certain major new
sources and major modifications of existing sources that emit "designated
pollutants" (which are different than criteria pollutants). The purpose of the NSPS
emission standards is to ensure that certain sources identified by EPA are designed,
built, and operated in a manner that reflects the best demonstrated technology and
retains economic feasibility in a uniform manner across the country. The particular
source categories governed by NSPS are generally not found at CERCLA sites, and
are therefore not applicable requirements. They may, however, be relevant and
appropriate if the pollutants emitted or technologies employed during a response
action are sufficiently similar to an NSPS designated pollutant or source category.
National Emission Standards for Hazardous Air Pollutants (NESHAPs)
NESHAPS are point-source standards promulgated under Title III of CAA for
substances identified by EPA as hazardous air pollutants (HAPs) (which are
designated as hazardous substances under CERCLA §101(14)). Before 1990, CAA
directed EPA to establish hazardous air pollutants (HAPs) and to regulate the
particular sources that emitted HAPs (e.g., inorganic arsenic emissions from glass
manufacturing plants). By 1990, EPA had promulgated eight HAPs. These eight
HAPs are still in effect, and thus will be potential ARARs until they are suspended.
The NESHAP for asbestos may, for example, be applicable to asbestos emitted from
CERCLA sites.
The CAA amendments of 1990 greatly expanded the role of NESHAPs. The new law
added a list of 189 new HAPs, and promulgated a schedule for EPA to designate 174
HAP source categories by the year 2000. For all source categories that emit HAPs,
EPA must develop Maximum Achievable Control Technology standards. These
control technology standards may be applicable or relevant and appropriate to
CERCLA sites emitting HAPs from designated sources. NESHAPs for remediation
are due in the year 2000.
CLEAN WATER ACT
The primary purpose of the Clean Water Act, also known as the Federal Water
Pollution Control Act, is to restore and maintain the quality of surface waters by
restricting discharges of all designated pollutants, which include 126 "priority toxic
pollutants," various "conventional pollutants," and certain "nonconventional
pollutants." CWA, like RCRA and CAA, is intimately connected to CERCLA; all 126
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Applicable or Relevant and Appropriate Requirements - 15
CWA priority toxic pollutants are CERCLA hazardous substances (CERCLA
§101(14)). EPA thus has the authority under Superfund to respond to releases of
priority toxic pollutants. EPA also must adhere to applicable or relevant and
appropriate CWA standards during response actions. CWA regulations that are
most likely to be ARARs at Superfund sites are standards governing direct
discharges to surface waters, indirect discharges to publicly owned treatment works
(POTWs), and discharges of dredge-and-fill materials into U.S. waters.
Direct Discharges
CWA controls the direct discharge of pollutants to surface waters through the
National Pollutant Discharge Elimination System (NPDES) program (CWA §402),
which contains both substantive and administrative standards that may be ARARs.
Potentially applicable substantive NPDES standards include technology-based
pollutant controls, or effluent standards, governing surface water discharges. A
NPDES effluent control technology, could, for example, be applicable to the
discharge of a treated CERCLA wastewater to any surface water. Administrative
NPDES standards, such as permit and certification requirements, are applicable to
CERCLA discharges to off-site surface water. CERCLA response actions frequently
trigger administrative NPDES standards, because only surface water that is within or
in very close proximity to an AOC is considered on site.
The NPDES program also includes ambient water quality standards that could be
relevant and appropriate to CERCLA discharges, depending on the designated and
potential uses of affected surface waters, and other factors (§300.430(e)(2)(i)(e)).
Ambient water quality standards include federal water quality criteria (FWQC) and
state water quality standards (WQS), which set concentrations of pollutants
considered adequate to protect surface waters for various uses, and state
antidegradation standards, designed to protect existing uses of waters and maintain
water quality.
Indirect Discharges
CWA controls indirect discharges of wastewater to POTWs through performance-
and technology-based pretreatment standards (CWA §307 (b)). Any discharge from a
CERCLA site to a POTW is considered an off-site activity, subject to substantive and
administrative requirements of federal, state, and local pretreatment programs,
including pollutant concentration limits and monitoring and reporting
requirements. Not all POTWs have an EPA-approved pretreatment program.
Remedial project managers must evaluate any POTW without an EPA-approved
program to determine if the facility is capable of accepting CERCLA wastewaters.
Dredge-and-Fill Requirements
Section 404 of CWA regulates the discharge of dredged or filled material into United
States' waters, including wetlands. Substantive and administrative CWA dredge-
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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16 - Applicable or Relevant and Appropriate Requirements
and-fill requirements may be applicable or relevant and appropriate to many
CERCLA actions, such as dredging and disposal of contaminated soils or sediments,
construction of berms and levees to contain wastes, and stream channelization.
ARARs from other laws, including standards under the Rivers and Harbors Act and
the Marine Protection Research and Sanctuaries Act (MPRSA), may also affect
CERCLA dredge-and-fill activities.
SAFE DRINKING WATER ACT
The Safe Drinking Water Act and the SDWA regulations (40 CFR Parts 141-149) are
designed to protect human health from contaminants in drinking water. To
achieve these ends, EPA has developed concentration-based limits for certain
contaminants and management techniques that ensure the quality of public
drinking water supplies. Substantive SDWA requirements that may be applicable or
relevant and appropriate at CERCLA sites include: drinking water standards,
restrictions on the underground injection of wastes, and groundwater protection
programs.
Drinking Water Standards
There are two types of SDWA drinking water standards that serve to protect public
water systems: primary and secondary drinking water standards. Primary drinking
water standards consist of federally enforceable maximum contaminant level goals
(MCLGs) and maximum contaminant levels (MCLs). For CERCLA actions, MCLGs
or MCLs are applicable when response actions impact public water systems that have
at least 15 service connections or serve at least 25 year-round residents. The MCLG
for a particular contaminant will be the applicable level to meet unless it is zero, in
which case the MCL for the contaminant becomes the applicable level to attain.
MCLs or MCLGs may also be relevant and appropriate as cleanup standards for on-
site ground or surface waters that are current or potential sources of drinking water
(§§300.430(e)(2)(i)(B)and(C)).
Secondary drinking water standards are state guidelines, consisting of secondary
maximum contaminant levels (SMCLs), pertaining to the aesthetic qualities of
drinking water (i.e., color, odor, and taste). In states that have adopted secondary
drinking water standards, SMCLs are potential ARARs.
Underground Injection Control Program
Underground injection through bored wells is a common disposal option for
liquids. SDWA regulates the subsurface emplacement of liquids through the
Underground Injection Control (UIC) program (40 CFR Parts 144-148), which
governs the design and operation of five classes of injection wells in order to
prevent contamination of underground sources of drinking water.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Applicable or Relevant and Appropriate Requirements - 17
For any class of injection well used at a CERCLA site, the substantive provisions of
the UIC program may be applicable. The UIC program regulates well construction,
including the design of the well casing; well operation, including maintenance of
injection pressure; and monitoring, including analysis of injected fluids and
periodic demonstrations of well integrity. Substantive standards under both RCRA
Subtitle C and the UIC program may be applicable to wells used to inject liquid
RCRA hazardous wastes (Class I or Class IV wells). Wells that inject hazardous
waste into or above an underground source of drinking water (Class IV wells) are
banned except when used to treat reinjected wastes as part of a RCRA or CERCLA
cleanup action (§144.13).
UIC administrative requirements, such as permits, inventory records, and reporting
requirements, are not applicable to on-site CERCLA injection wells.
Sole Source Aquifer and Wellhead Protection Programs
SDWA prevents federal funding from being committed to any project that may
contaminate a "sole source aquifer," meaning any EPA-designated aquifer that is the
only principal drinking water supply for a given area which, if contaminated, would
present a significant human health hazard. Generally, CERCLA activities do not in
and of themselves increase pre-existing contamination of sole source aquifers.
Although it is unlikely that CERCLA activities would be subject to funding
restrictions, a review of potential problems associated with sole source aquifers
should be part of the RI/FS process.
The SDWA wellhead protection program is a state-implemented initiative intended
to protect wells and groundwater recharge areas that supply public drinking water
systems. Elements of state wellhead protection programs may be ARARs at
CERCLA sites.
TOXIC SUBSTANCES CONTROL ACT
TSCA creates a broad range of chemical control measures including information
gathering, chemical testing, labeling, inspection, storage, and disposal requirements.
For example, under TSCA authority, EPA requires chemical manufacturers to notify
the Agency prior to producing a new chemical (known as premanufacture
notification), and can require manufacturers to test selected chemicals for toxic
effects. TSCA §6 allows EPA to strictly regulate any chemical that poses an
"unreasonable risk," based on its likelihood to cause adverse effects to human
health or the environment.
Regulations under TSCA §6, which range from product labeling requirements to the
outright ban on the manufacture or use of certain chemicals, are potential ARARs at
Superfund sites. Chemicals regulated under TSCA §6 include asbestos, CFCs used as
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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18 - Applicable or Relevant and Appropriate Requirements
aerosol propellants, hexavalent chromium, and polychlorinated biphenyls (PCBs).
Of these toxic substances, PCBs are most often encountered at Superfund sites.
PCB Requirements
Various TSCA §6 regulations pertaining to PCBs may be ARARs at Superfund sites.
TSCA governs many aspects of PCB management, including the cleanup of spills,
storage, and disposal. EPA has published a spill response policy (52 FR 10688;
April 2, 1987), that may be a TBC guideline for CERCLA response actions. EPA has
also proposed PCB spill response regulations (59 FR 62788; December 6, 1994) which
utilize self-implementing, performance-based, and risk-based cleanup standards to
address various types of PCB releases.
TSCA's PCB disposal regulations vary according to the physical form of the
contaminated material (i.e., liquid vs. non-liquid) and whether the material is
defined as "PCB-contaminated equipment," for concentrations between 50 and 500
ppm (parts per million), or simply PCBs, for concentrations above 500 ppm. PCB
contamination below 50 ppm is not regulated by TSCA, except under special
circumstances. To ensure safe disposal practices for regulated PCBs and PCB-
contaminated equipment, TSCA may require treatment by incineration or another
equivalent method, or placement in a TSCA-approved chemical waste landfill. One
or more of these substantive PCB disposal standards could be an ARAR at a
Superfund site, depending on the type of contaminated material present. For
further information on TSCA regulations that may be ARARs or TBCs, see A Guide
on Remedial Actions at Superfund Sites with PCB Contamination. OSWER
Directive 9355.4-01FS.
Liquid RCRA hazardous wastes contaminated with PCBs at concentrations greater
than 50 ppm are also subject to RCRA land disposal restrictions standards, which
call for treatment in either high-efficiency TSCA-approved boilers (for PCB
concentrations greater than or equal to 50 ppm but less than 500 ppm) or treatment
in a TSCA incinerator (for PCB concentrations of 500 ppm or greater).
OTHER FEDERAL ARARs
ARARs may stem from various other federal laws and regulations. Among the
federal laws which may come into play are the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), the Endangered Species Act, and the National Historic
Preservation Act. Certain primarily administrative federal laws, such as the
National Environmental Policy Act (NEPA), do not, however, normally serve as
ARARs.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Applicable or Relevant and Appropriate Requirements - 19
3.3 STATE AND LOCAL ARARs
Many states implement environmental regulations that differ from federal
standards. CERCLA §121(d)(2) requires compliance with applicable or relevant and
appropriate state requirements when they are more stringent than federal rules and
have been "promulgated" at the state level. To be viewed as promulgated and serve
as an ARAR at a Superfund site, a state requirement must be legally enforceable,
based on specific enforcement provisions or the state's general legal authority, and
must be generally applicable, meaning that it applies to a broader universe than
Superfund sites. State rules must also be identified by the state in a timely manner
(i.e., soon enough to be considered at the appropriate stage of the Superfund
response process) in order to function as ARARs. A Superfund Memorandum of
Agreement (SMOA) which includes a schedule for identifying state ARARs is one
means of ensuring timely communication between EPA and a state.
Generally, laws and regulations adopted at the state level, as opposed to the regional,
county, or local level, are potential state ARARs. Requirements that are developed
by a local or regional body and are both promulgated and legally enforceable by the
state may, however, also serve as ARARs. Environmental standards that are often
more stringent at the state level and that commonly function as state ARARs
include: hazardous waste facility siting restrictions under RCRA, CWA toxic
pollutant discharge limits, and CWA antidegradation requirements for surface
water and ground water.
State ARARs may be waived under certain circumstances. Of the six waivers set
forth in CERCLA §121 (d)(4), one applies exclusively to state ARARs: the inconsistent
application of a state standard waiver (see Section 2.8 above). In addition, many
state regulations have their own waivers or exceptions that may be invoked at a
Superfund site (for further information about state ARARs and waivers, see
CERCLA Compliance with State Requirements. OSWER Directive 9234.2-05/FS).
3.4 ARAR WAIVERS
As mentioned previously, Congress strengthened CERCLA by adding SARA §121(d),
which requires compliance with federal and state ARARs for on-site response
actions. Congress also identified certain circumstances under which a law or
regulation that would normally be an ARAR may be waived in favor of another
protective remedy (CERCLA §121 (d) (4) and 40 CFR §300.430(f)(l)(ii)(B)). The
following six types of "ARAR waivers" may be invoked during a remedial action
(for further discussion, see Overview of ARARs: Focus on ARAR Waivers. OSWER
Directive 9234.2-03/FS).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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20 - Applicable or Relevant and Appropriate Requirements
INTERIM MEASURES
An ARAR may be temporarily waived to implement a short-term alternative, or
interim measure, provided that the final remedy will, within a reasonable time,
attain all ARARs without causing additional releases, complicating the response
process, presenting an immediate threat to public health or the environment, or
interfering with the final remedy. For example, the lead agency (EPA or the state)
could, while awaiting test results, choose to temporarily cap a RCRA waste pile to
minimize migration of contaminants into the groundwater, provided that RCRA
waste pile closure standards will ultimately be achieved.
GREATER RISK TO HUMAN HEALTH AND THE ENVIRONMENT
An ARAR may be waived if compliance with the requirement will result in greater
risk to human health and the environment than non-compliance. It might, for
example, be riskier to meet an ARAR calling for dredging of a riverbed to remove
PCB-contaminated sediments, and in so doing release PCBs into the river, than to
leave the contaminated sediments in place.
TECHNICAL IMPRACTICABILITY
An ARAR may be waived if it is technically impracticable from an engineering
standpoint, based on the feasibility, reliability, and cost of the engineering methods
required. It is, for example, often technically impracticable to remove from a
drinking water aquifer dense, nonaqueous phase liquids (DNAPLs) trapped in deep
bedrock fractures. The lead Agency may, in such cases, waive the requirement to
meet SDWA or other standards (Guidance for Evaluating the Technical
Impracticability of Groundwater Restoration: Interim Final. OSWER Directive
9234.2-25).
EQUIVALENT STANDARD OF PERFORMANCE
An ARAR may be waived if an alternative design or method of operation can
produce equivalent or superior results, in terms of the degree of protection afforded,
the level of performance achieved, long-term protectiveness, and the time required
to achieve beneficial results. Although RCRA may call for the use of a specific
technology to treat a hazardous waste prior to land disposal, the equivalent standard
of performance waiver could, for example, be invoked if a different treatment
method could reduce the mobility or toxicity of the waste to a comparable degree.
INCONSISTENT APPLICATION OF STATE STANDARD
A state ARAR may be waived if evidence exists that the requirement has not been
applied to other sites (NPL or non-NPL) or has been applied variably or
inconsistently. This waiver is intended to prevent unjustified or unreasonable state
restrictions from being imposed at CERCLA sites.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Applicable or Relevant and Appropriate Requirements - 21
FUND-BALANCING
An ARAR may be waived if compliance would be costly relative to the degree of
protection or risk reduction likely to be attained and the expenditure would
jeopardize remedial actions at other sites. The lead Agency should consider the
fund-balancing waiver when the cost of attaining an ARAR is 20 percent or more of
the annual remedial action budget or $100 million, whichever is greater (for further
information, see ARARs O's and A's: The Fund-Balancing Waiver. OSWER
Directive 9234.2-13/FS).
DOCUMENTATION OF ARAR WAIVERS
When an alternative that does not attain an ARAR is chosen, the basis for waiving
the requirement must be fully documented and explained in the ROD, in accordance
with the criteria described above (§300.430(f)(5)(ii)(C)). In some cases, the RI/FS may
not provide sufficient information to determine if an ARAR waiver is necessary.
The presence of DNAPLs may not, for example, come to light until the remedial
action stage when a groundwater pump and treat system is up and running. The
lead agency may therefore include a contingent ARAR waiver(s) in the ROD, by
specifying specific contaminant levels or circumstances that will trigger the waiver.
For further guidance, see ARARs O's & A's: General Policy. RCRA. CWA. SDWA.
Post-ROD Information, and Contingent Waivers (OSWER Directive
9234.2-01/FS-A).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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22 - Applicable or Relevant and Appropriate Requirements
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Applicable or Relevant and Appropriate Requirements - 23
4. MODULE SUMMARY
CERCLA and the NCP establish a standardized process through which EPA must
respond to spills and clean up the nation's most dangerous hazardous waste sites.
The Superfund response process, while it does set acceptable risk-based goals for
Superfund cleanups, does not impose specific restrictions on the various activities
(such as treatment, storage, and disposal of wastes, construction and use of
remediation equipment, and release of contaminants into air, soil, and water) which
may occur during a response. EPA instead relies on other federal and state
environmental laws and regulations to govern response activities.
A site-specific risk assessment is the foundation upon which the selection of a
Superfund remedy is based. When developing preliminary remediation goals, the
lead and support agencies must, however, also consider readily available, generically
applicable information, such as chemical-specific ARARs (§300.430(e)(2)(i)). In
addition, when carrying out the chosen remedy the lead and support agencies must
implement other substantive and administrative requirements that are applicable
or relevant and appropriate to the conditions or actions at each Superfund site.
These ARARs may affect a remedial or a removal response by limiting
concentrations of hazardous substances present in wastes or discharges, restricting
activities at sensitive locations, or regulating certain actions, such as the design and
operation of cleanup equipment. The laws which most often contribute ARARs to
the Superfund response process are federal environmental laws, but other federal,
state, and local standards may also be applicable or relevant and appropriate to
CERCLA activities. ARARs fill in the substantive gaps in Superfund's risk-based
response framework, ensuring protection of human health and the environment.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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