An overview of regulatory issues that affect the development of new waste treatment technologies Page: 50 of 64
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TABLE 3.1. Applicability of Permits by Regulatory Program
Regulatory Program
Federal
State
Local
CERCLA, Onsite(a)
CERCLA, Offsite
RCRA, Onsite or Offsite
State Cleanup (Non-CERCLA)
No
Yes
Yes
No
Yes
Yes
No
Yes
Yes
(a) CERCLA sites must meet substantive ARARs, but do not need permits.
(b) RCRA-authorized states generally can waive certain federal or state RCRA
permit requirements if they have state statutory authority and if that
authority is exercised in a manner no less stringent than allowed under
federal permit waiver authority.
(c) May vary from jurisdiction to jurisdiction.
To be considered materials (TBCs) may also be used if ARARs are not suffi-
ciently protective or are nonexistent for the particular site conditions.
There are three general classifications of ARARs:
• ambient or chemical-specific requirements
• performance, design or other action-specific requirements
• location-specific requirements.
A requirement is applicable if the specific terms of the law or regula-
tion directly address the circumstances at a site. If not applicable, a
requirement may nevertheless be relevant and appropriate if circumstances at
the site are, based on best professional judgment, sufficiently similar to the
problems or situations regulated by the requirement (EPA 1988a).
Potential ARARs may fall under many individual federal and state laws
and regulations. Common chemical-specific ARARs include the RCRA LDRs, the
SDWA maximum contaminant levels (MCLs) and maximum contaminant level goals
(MCLGs), the CWA water quality standards, and the CAA national ambient air
quality standards.
ARARs must be identified at several points during the remedy selection
process. During the site characterization phase of the RI/FS process, poten-
tial chemical- and location-specific ARARs should be identified. Later,
3.4
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Kuusinen, T L; Siegel, M R; Williams, T A & Powell, J A. An overview of regulatory issues that affect the development of new waste treatment technologies, report, July 1, 1991; Richland, Washington. (https://digital.library.unt.edu/ark:/67531/metadc1093979/m1/50/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.