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^<br />

J.1 INTRODUCTION<br />

APPENDIX J<br />

APPLICABLE OR RELEVANT AND<br />

APPROPRIATE REQUIREMENTS<br />

DOE/RI.2001-11<br />

Rev. Cl Draft T3A<br />

Section 121 of the Comprehensive Environmental Response, Compensation, and IdablllryAct of<br />

1980 (CERCLA), as amended, establishes cleanup standards for remedial actions at National "<br />

Priorities List sites. Section 121 requires, in part, that any applicable or relevant and appropriate<br />

standard, requirement, criteria, or limitation under any Federal environmental law, or any more<br />

stringent state requirement promulgated pursuant to a state environmental statute, be met (or a<br />

waiver justified) for any hazardous substance, pollutant, or contaminant that will remain on site<br />

after completion of remedial action. In addition, 40 Code ojFederal Regulations (CFR)<br />

300.435(b) requires that all applicable or relevant and appropriate requirements (ARARs) be met<br />

(or waived) during the course of the remedial action.<br />

When requirements are identi6ed, a determination must be made as to whether those<br />

requirements are applicable or relevant and appropriate. A requirement is applicable if the<br />

specific terms (orjurisdictional prerequisites) of the law or regulations directly address the<br />

circumstances at a site. If not applicable, a requirement may nevertheless be relevant and<br />

appropriate if (l) circumstances at the site are, based on best professional judgment, sufficiently<br />

similar to the problems or situations regulated by the requirement; and (2) the use of the<br />

requirement is well suited to the site.<br />

To-be-considered (TBC) information is nonpromulgated advisories or guidance issued by<br />

Federal or state governments that are not legally binding and do not have the status of potential<br />

ARARs. In some circumstances, TBCs will be considered along with ARARs to determine the<br />

remedial action necessary for protection ofhuman health and the environment. The TBCs<br />

complement ARARs in determining what is protective at a site or how certain actions should be<br />

implemented.<br />

The U.S. Environmental Protection Agency (EPA) has developed a two-volume guidance<br />

document for preparing ARARs, titled CERCLA Compliance with Other Laws Manual, Interim<br />

Final (EPA 1988,1989). This guidance document defines three categories of ARARslfBCs:<br />

• Chemical-specific requirements are usually health- or risk-based numerical values or<br />

methodologies that, when applied to site-specific conditions, result in the establishment of<br />

numerical values. These values establish the acceptable amount or concentration of a<br />

contaminant that may be found In, or discharged to, the ambient environment.<br />

^ • Action-specific requirements are usually technology- or activity-based requirements or<br />

limitations triggered by the remedial actions performed at the site.<br />

Final Feasibility Sn+dyjor the t:arryon Dtrposlr(on lnitiatlve (211-U Facility)<br />

Septnnber^^l J-1 I

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