Section 1219(d) of CERCLA requires remedial actions attain or waive federal ARARs, or more stringent state environmental ARARs, upon completion of the remedial action.
These ARARs restrict concentrations of contaminants due to their location in the environment.
(14) Non-promulgated advisories or guidance documents issued by state or federal governments do not have the status of potential ARARs. However, the EPA must consider these advisories and guidance documents when determining protective cleanup levels.
CERCLA [section]121(d)(2)(ii) requires compliance with state ARARs when they are more stringent than federal rules and have been promulgated at the state level.
Under CERCLA, Superfund site remedies must be protective of human health and the environment and must comply with ARARs. (20) Additionally, CERCLA provides that for any contaminant that remains on site, remedial actions must satisfy state ARARs if such is more stringent than the federal ARAR and is identified in a timely manner.
(11) CERCLA, Compliance with Other Laws Manual, Overview of ARARs, Focus on ARAR Waivers, U.S.
EPA Office of Land and Emergency Management, Best Practices for Identifying and Determining State ARARs Status Pilot (Oct.
One important Florida example is the use of Risk-Based Corrective Action (RBCA) as an Applicable or Relevant and Appropriate Requirement (ARAR), discussed more fully below.
(23) In the case of groundwater restoration for benzene at any site (including a Superfund site), a PRP may invoke the applicability of Florida's RBCA law as an ARAR to close and delete a Superfund site from the NPL.