State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Applicable, or Relevant and Appropriate Requirements

Five years ago, the Association of State and Territorial Solid Waste Management Officials’ (ASTSWMO) CERCLA and Brownfields (CaBS) Subcommittee members began evaluating State and Territorial (State) roles at CERCLA cleanups. One constant issue was the process of identifying and accepting States cleanup standards and rules as Applicable or Relevant and Appropriate Requirements (ARARs) in CERCLA cleanups. CaBS and the ASTSWMO Board of directors have updated the 2018 position paper to show that the issue is still a concern.

Identifying and Considering ARARs at Federal Facility Cleanups

The Federal Facilities Subcommittee’s Remediation & Reuse Focus Group developed this paper to address the ASTSWMO members’ concerns with the identification of and federal agency acceptance of State applicable or relevant and appropriate requirements (ARARs) in CERCLA federal facility cleanups. The Focus Group reviewed statutory requirements and policies, guidance, and decisions documents from EPA and other federal agencies to summarize when and how State ARARs are identified throughout the CERCLA process for both removal and remedial actions. The paper also includes a resource table and flow chart for identifying, considering, and selecting ARARs, short case summaries and site examples, recommendations, and a list of resources to assist States.

State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Applicable, or Relevant and Appropriate Requirements

Over the last five years, the Association of State and Territorial Solid Waste Management Officials’ (ASTSWMO) CERCLA and Brownfields (CaBS) Subcommittee members have been evaluating State and Territorial (State) roles at CERCLA cleanups. One troubling area has been the process of identifying and accepting States cleanup standards and rules as Applicable or Relevant and Appropriate Requirements (ARARs) in CERCLA cleanups.