*        UNITED STATL;   /IRONWNTA*,. PRTTEC^'ON AGENCY
/                    WASHINGTON, B.C. iO«iO
                                                          9234.0-02

                          OCT - 2 1985
                                             SOLID WlASTE ANO EVEH5£sC^ BES'C'.S;
 MEMORANDUM

 SUBJECT?  CERCLA Compliance With Other Environmental Statutes

 FROM:     gymnston forter
           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 ,   Discuss ion

      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 site
 conditions.  At certain sites, it may b* 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-
                                                        9234.0-02
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, advisorte,,
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-Sit* 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 storage , treitme-it,
or disposal of Superfund wastes must have all appropriate
permits or authorizations.
                                                             9234 0-CP
     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 pertnits.  Furthermore, as stated in
the Agency's off-site policy memorandum,  "Procedures for
Planning and Implementing Off-Site Response Actions", May 6,
1985, barring several exceptions enumerated in that memorandum,
no CSRCLA 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:

      8  Federal requirements that are applicable or relevant
         and appropriate,

      *  Other Federal criteria, advisories, guidances, and
         State standards to be considered.

An initial list of both categories is attached.

A,  Apj?l icable or Relevant ^md Appropr_iate__Fed_e_ral ^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.
Requirements 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-
                                                            9234,0-02
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.

8,  Other,.Federal Criteria, Advisories, Guidances and St_ate__
    Standards to Be Considere_d

     This category includes other standards, criteria, advisories
and guidance that may be useful in developing Superfund remedies.
These criteriai advisories and guidances were developed by EPA,
other Federal agencies and the States.  The concepts and data
underlying these requirements nay be used at Superfund sites
in an appropriate way.

IV.  Imp1emen t at ion

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 exceejj 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 then.  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-site facilities that are used for storage, treatment,
or disposal of Syperfund 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 of the facility.

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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 af the following categories!

      (a)  Alternatives for treatment or disposal in an off-
site  facility, as appropriate;!
     (b)  Alternatives that aj^tajlji 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 roust 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 iPA'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-
                                                            9234.0-02
    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 the 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)  Techn.ica 1 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

    
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                              -7-
                                                             9234,0-02
     Where one  of  these  situations  is  present,  the  decision-
maker ma_y 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 roust be  fully
documented and  explained in  the appropriate  decision documents.
The  Agency anticipates that  most final CERCLA remedial  actions
wi11 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
anv  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:

          0  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«* 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 {!>  Agency selection  of  the final response
action  and (2)  completion of the final engineering
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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                               -6-
                                                           9234.0-02
          *  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 no 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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                                                          9234.0-02
POTENTIALLY APPLICABLE  OR RELEVANT AND APPROPRIATE REQUIREMENTS
   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).
           •  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).
           *  Waste Piles  (40 CFR 264-250-264.269, 265.250-265.258),

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         0   Land Treatment (40 CFR 264.270-264.299,  265.270-     4-°-°2



            265.282) .



         0   Landfills  (40 CFR 264.300-264.339,  265.300-265.316).



         0   Incinerators (40 CFR 264.340-264.999,  265.340-



            265.369} .



         8   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.  300f et seq.)



        B  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 et.  seq.)



        9  Requirements established pursuant  to sections



           301, 302,  303 (including State water quality



           standards), 306, 307, (including Federal  pretreat-



           went 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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                                                        9234.0-02
c.  Marine Protection, Research, and Sanctuaries Act (33

    U.S.C. 1401).

    9  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.  26015.

    6  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.

    *  Disposal of Waste Material Containing TCDD,  (40

       CFR Part 775.180-775.197).

EPA's Office of External Affairs

    0  Section 404(b)(l) Guidelines for Specification of

       Disposal Sites for Dredged or Fill Material

       (40 CFR Part 230).

    8  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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                         "4"                            9234.0-02
    *  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).
    8  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.
    *  National Emission Standard for Hazardous Air
       Pollutants for Radionuclides (40 CFR Part 61, 10
       CFR 20.101-20.108).
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:
      *  Occupational Safety and Health Standards (General
         Industry Standards) (29 CFR PArt 1910).
      *  The Safety and Health Standards for Federal
         Service Contracts (29 CFR Part 1926).

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                         -5-
                                                    9234.0-02

    8   The Shipyard and Longshore Standards (29 CFR


       Parts 1915, 1918) .


    8   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 KEPA 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).
   0  Coastal Zone Management Act of 1972, 16 U.S.C.
      1451.  (Generally, IS 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
8  Health Effects Assessments (HEAs)
0  Recommended Maximum Concentration Limits (RMCLs)
*  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 aany 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.
*  Pesticide and food additive tolerances and action levels.
   Not*:  Germane portions of tolerances and action levels
   nay be pertinent and therefore are to be considered in
   certain situations.
"  Waste load allocation procedures, EFA Office of Water.
8  Federal sole source aquifer requirements.

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                                                          9234.0-02
8  Public health basis for the decision to list pollutants

   as hazardous under section 112 of the Clean Air Act.
0  EPA's Ground-water Protection Strategy.

0  New Source Performance Standards for Storage Vessels

   for Petroleum Liquids,

0  TSCA health data.

8  Pesticide registration data.

0  TSCA chemical advisories (2 or 3 issued to date).

8  Advisories issued by FWS and NWFS under the Fish and
   Wildlife Coordination Act.

*  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.

8  TSCA Compliance Program Policy.
8  OSHA health and safety standards that may be used to

   protect public health (non-workplace).

8  Health Advisories, EPA Office of Water

S t a te_S t a nd a r d s

0  State Requirements on Disposal and Transport of

   Radioactive wastes.

*  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-
                                                            9234.0-02
       hazardous waste programs.
    8  State Implementation Plans and Delegated programs
       Under Clean Air Act.

    *  All other State requirements, not delegated through
       EPA authority.
    "  Approved State NPDES programs under the Clean Water Act.
    8  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_ RC_RA_.Guidance Documents
    9 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 Manual for Evaluating Permit Applications
        for the Operation of Hazardous Waste Incinerator Units.
    9.  A guide for Preparing RCRA Permit Applications for
        Existing Stoijge 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 Leaehate.
    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 M*thods 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 Wa_ter Guidance Documents



A.   Pretreatment Guidance Documents



    1}  304{g5 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 Pate of 129 Priority



        Pollutants (1979)



    4)  Hater Quality Standards Handbook (1983)



    5}  Technical Support Document for Water Quality-based



        Toxics Control.

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                                                          9234.0-02
C.  NPDES Guidance Documents
    1)  NPDES Best Management Practices Guidance Manual (June
        1981)
    2)  Case studies on toxicity reduction evaluation (Hay 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.  USEPA Manuals from the Office of Research and Development
    1}  EW 846 methods - laboratory analytic methods
    2)  Lab protocols developed pursuant to Clean Water Act
        S304Ch).

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            REPORT DOCUMENTATION PAGE
                  --*™~ ma ;:-3!et:-- j-= •»-.
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                                              na Sudge'.
                                                           ouCio^ Prc.eit ;
                            2, REPORT DATE
                             October  2, 1985
    3. REPORT TYPE AND DATES COVERED
    Directive  - October 2,  1985
4, TITLE AND SUBTITLE
CERCLA Compliance With Other  Environmental Statutes

9234.0-02
6, AUTHOR(S)
U.S.  EPA/OERR
                   5. FUNDING NUMBERS
7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES)

    Environmental Protection Agency
    Office  of Solid Waste and  Emergency Response
    401 M  Street SW
    Washington,  D.C.   20460
                   8. PERFORMING ORGANIZATION-
                     REPORT NUMBER
                           9234.0-02
9 SPONSORING MONITORING AGENCY NAME(S) AND ADDRESS(ES)

     Environmental Protection Agency
    Office  of  Emergency  and Remedial Response
    401 M  Street SW
    Washington D.C.   20460
                   10. SPONSORING  MONITORING
                     AGENCV REPORT NUMBER
it. SUPPLEMENTARY NOTES
12a DISTRIBUTION AVAILABILITY STATEMENT
                   12b. DISTRIBUTION CODE
13. ABSTRACT '.Maximum 200words)
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  Environmental  Response, Compensation,
and Liability Act  of 1980 (CERCLA).   This policy addresses  considerations  for on-site
and off-site actions taken under CERCLA.
U. SUBJECT TERMS
Superfund Document
SECURITY CLASSIFICATION
OF REPORT
                        18. SECURITY CLASSIFICATION
                           OF THIS  PAGE
r
SECURITY CLASSIFICATION
OF ABSTRACT
                         IS. NUMBER OF PAGES
                                 19
                                                                        16. PRICE CODE
20. LIMITATION OF ABSTRACT
   7540-0* -230-5500

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