Remedial Action

1732 Words 7 Pages
The EPA has determined that the fundamental changes to the remedy described in this ROD amendment comply with the statutory requirements of CERCLA § 121, 42 U.S.C. § 9621, are protective of human health and the environment, comply with federal and state requirements that are applicable or relevant and appropriate to the remedial action, are cost-effective, and use permanent solutions and alternative treatment technologies to the maximum extent practicable.
Because this remedy will result in hazardous substances, pollutants, or contaminants remaining onsite until remedial goals are achieved above levels that allow for unlimited use and unrestricted exposure, a statutory review will be conducted no less often than every 5 years. The first 5-year
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section 9601 to section 6975, must attain levels of cleanup of hazardous substances released into the environment, and control further release, to ensure overall protection of human health and the environment. The SARA specifies that any selected remedial action must achieve a level of control that, at the least, attains requirements that are legally applicable to the hazardous substances of concern, or relevant and appropriate under the circumstances of release or threatened release.
The NCP Sections 300.430(f)(5)(ii)(B) and (C) require that a ROD describe the federal and state ARARs that the Selected Remedy will attain, or provide justification for any waivers. ARARs include substantive provision of any promulgated federal, or more stringent state, environmental standards, requirements, criteria, or limitations that are determined to be legally ARARs for a CERCLA site or action. Application requirements are those cleanup standards, standards of control, and other substantive environmental protection requirements, criteria, or limitations, promulgated under federal or state law, which specifically address a hazardous substance, pollutant, contaminant, remedial action, location, or other circumstance found at a CERCLA site. Relevant and appropriate requirements are requirements that, while not legally “applicable” to circumstances at a particular CERCLA site, address problems or situations sufficiently
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Onsite actions are defined by the NCP to be “the aerial extent of contamination and all suitable areas in very close proximity to the contamination necessary for implementation of the response action”. Onsite actions must comply with ARARs, but only with the substantive parts of those requirements. Offsite actions must comply only with requirements that are legally applicable, including both substantive and administrative parts of those requirements.
For onsite activities, a requirement under federal and state environmental laws may be either applicable or relevant and appropriate, but not both. The identification of ARARs is a two-step process: 1) determining if the law or regulation is applicable; and 2) if it is not applicable, then determining if the law or regulation is both relevant and appropriate. The terms “applicable” and “relevant and appropriate” are defined in the NCP as

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