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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