Applicable or Relevant and Appropriate Requirements (ARARs)

Overview of ARARs

• Documenting Applicable, or Relevant and Appropriate Requirements in Comprehensive Environmental Response, Compensation, and Liability Act Response Action Decisions (PDF)(28 pp, 744 K, About PDF), March 2023
  
  Clarifies existing guidance to ensure CERCLA documents are consistent with the NCP and that ARAR information is transparent to stakeholders. Provides a template and recommended practice tips to assist EPA regions in developing ARAR tables as part of a CERCLA response selection.

• Best Practice Process for Identifying and Determining State Applicable or Relevant and Appropriate Requirements Status Pilot (PDF)(19 pp, 1.4 MB, About PDF)
  OLEM Directive 9200.2-187, October 2017
  
  Establishes a pilot process for meeting the CERCLA requirement to identify and determine state and federal ARARs when selecting remedial cleanup actions.
   
  • Lead and Support Agency RPM Checklist for Identifying ARARs (PDF) (14 pp, 509 K, About PDF)
  • ARARs Process Flow Diagram (PDF) (2 pp, 108 K, About PDF)
     
• CERCLA Compliance with Other Laws Manuals: Part I (PDF)(243 pp, 1.2 MB)
  EPA 540/G-89/006, OSWER 9234.1-01, NTIS: PB90-272535CDH, August 1988
  
  Assists Remedial Project Managers (RPMs) in identifying and complying with all applicable or relevant and appropriate requirements (ARARs). Covers potential ARARs of the Resource Conservation and Recovery Act (RCRA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), and ground water protection policies.

• CERCLA Compliance with Other Laws Manuals: Part II (PDF)(175 pp, 985 K)
  EPA 540/G-89/009, OSWER 9234.1-02, NTIS: PB90-148461INZ, August 1989

Assists Remedial Project Managers (RPMs) in identifying and complying with all applicable or relevant and appropriate requirements (ARARs). Covers potential ARARs of the Clean Air Act (CAA) and other environmental statutes.

• Clarification of the Role of Applicable, or Relevant and Appropriate Requirements in Establishing Preliminary Remediation Goals Under CERCLA (PDF)(4 pp, 411 K)
  EPA 540/F-97/008, OSWER 9200.4-23, NTIS: PB97-963246INX, August 1997

Clarifies the relationship between ARARs and protectiveness.

• Section XII: Applicable or Relevant and Appropriate Requirements" from CERCLA/ Superfund Orientation Manual (PDF)(177 pp, 1.3 MB)
  TIO, EPA 542/R-92/005, NTIS: PB93-193852, October 1992

Serves as a guide to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and assists EPA and State personnel involved with hazardous waste remediation and emergency response. See Section XII (beginning on page 127) for an overview of ARARS.

• Permits and Permit 'Equivalency' Processes for CERCLA On-site Response Actions (PDF)(7 pp, 50 K)
  EPA 540/F-93/009, OSWER 9355.7-03, NTIS: PB93-963325INZ, February 1992

Clarifies the EPA policy on ARARs with respect to attaining permits for activities at Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites.

• ARARs Fact Sheet: Compliance with the Clean Air Act and Associated Air Quality Requirements (PDF)(28 pp, 2.1 MB)
  OSWER 9234.2-22FS, September 1992

Provides updated guidance on compliance with the Clean Air Act, as amended November 1990, and related air quality rules under other environmental statutes. It addresses statutory and regulatory changes that have occurred subsequent to the publication of the CERCLA Compliance with other Laws Manual, Parts I & II (1989).

• ARARs Q's and A's: General Policy, RCRA, CWA, SDWA, Post-ROD Information and Contingent Waivers (PDF)¹(5 pp, 88 K)
  OSWER 9234.2-01FSA, NTIS: PB91-921341CDH, June 1991

Provides answers to questions that arose in developing applicable or relevant and appropriate requirements (ARARs) policies, training sessions, and in identifying and complying with ARARs at specific sites.​

• CERCLA Compliance with Other Laws Manual, CERCLA Compliance with State Requirements (PDF)(5 pp, 507 K)
  EPA 9234.2-05/FS, OSWER 9234.2-05FS, NTIS: PB90-272543INX, December 1989

Provides a guide to Chapter 6 of the "CERCLA Compliance with Other Laws Manual: Part II." The document discusses CERCLA compliance with State requirements, based on policies in proposed revisions to the NCP.

Superseded Documents

¹ This document supersedes: "ARARs Q's and A's" (May 1989) EPA 9234.2-01/FS

Superfund LDR Guide #4: Complying With the Hammer Restrictions Under Land Disposal Restrictions (LDRs)
OSWER 8347.3-04FS, July 1989
Out-of-Date: This LDR guide is no longer in effect.

RCRA-Specific ARARs

• Management of Remediation Waste Under RCRA (PDF)
   (PDF)(14 pp, 117 K)  EPA 530-F-98-026, OSWER Memorandum, 1998
   AND
  Summary Chart of October 14, 1998 Memorandum, "Management of Remediation Waste Under RCRA" (PDF)(5 pp, 53 K) 

​Consolidates existing guidance on the RCRA regulations and policies that most often affect remediation waste management.

• A Superfund Guide to RCRA Hazardous Wastes (PDF)(7 pp, 71 K)
  OSWER 9345.3-04FS

Defines RCRA hazardous wastes and describes how to determine when a CERCLA substance is also a RCRA-listed or characteristic hazardous waste.

• CERCLA Compliance with other Laws Manual, RCRA ARARS: Focus on Closure Requirements (PDF)(6 pp, 466 K)
  OSWER 9234.2-04FS, NTIS: PB90-274259INZ, October 1989

Summarizes the "CERCLA Compliance with Other Laws Manual: Parts I and II." It addresses compliance with Subtitle C of RCRA, as amended by the Hazardous and Solid Waste Amendments of 1984, with focus on RCRA Subtitle C disclosure requirements.

• RCRA Corrective Action Cleanup Enforcement

The Resource Conservation and Recovery Act (RCRA) addresses waste management at operating facilities. The RCRA Corrective Action program manages response actions at these sites. RCRA Corrective Action guidance is generally consistent with CERCLA to the extent practicable, and may find application at CERCLA sites.

Land Disposal Restrictions (LDRs)

• Land Disposal Restrictions: Summary of Requirements

In 1984, Congress created EPA's Land Disposal Restrictions (LDR) program. The LDR program ensures that toxic constituents present in hazardous waste are properly treated before hazardous waste is disposed of in the ground. This web page provides comprehensive information about LDRs including a selection of OSWER guidance documents.

• Superfund LDR Guide #1: Overview of RCRA Land Disposal Restrictions (PDF)(4 pp, 77 K)
  OSWER 9347.3-01FS, NTIS: PB90-274325INX, July 1989

Summarizes the major components of RCRA LDRs, outlines the types of restrictions imposed, and presents compliance options specified in the regulation.

• Superfund LDR Guide #2: Complying with the California List Restrictions Under Land Disposal Restrictions (LDRs) (PDF)(2 pp, 61 K)
  OSWER 9347.3-02FS, NTIS: PB90-274333INX, July 1989

Defines the California list of wastes, summarizes their restrictions, and discusses their potential to overlap with other LDR treatment standards.

• Superfund LDR Guide #3: Treatment Standards and Minimum Technology Requirements Under Land Disposal Restrictions (LDRs) (PDFs)(4 pp, 48 K)
  OSWER 9347.3-03FS NTIS: PB90-274341INZ, July 1989

Summarizes the types and effective dates of treatment standards, and outlines procedures for compliance with the treatment standards and minimum technology requirements set during national capacity extensions.

• Superfund LDR Guide #5: Determining When LDRs are Applicable to CERCLA Response Actions (PDF)(4 pp, 61 K)
  OSWER 9347.3-05FS, NTIS: PB90-274366INZ, July 1989

Outlines the process used to determine whether the RCRA LDRs established under the Hazardous Waste and Solid Waste Amendments are 'applicable' to CERCLA response actions.

• Superfund LDR Guide #6A (Second Edition): Obtaining a Soil and Debris Treatability Variance for Remedial Actions (PDF)(6 pp, 135 K)
  OSWER 9347.3-06FS, NTIS: PB91-921327INX, September 1990

Outlines the process for utilizing a Treatability Variance for the remediation of soil and debris contaminated with RCRA hazardous wastes. Until the the Agency promulgates treatment standards for them, the treatment levels outlined will serve as alternative 'treatment standards' to obtain compliance with LDRs.

• Superfund LDR Guide #6B: Obtaining a Soil and Debris Treatability Variance for Removal Actions (PDF)(6 pp, 74 K)
  OSWER 9347.3-06BFS, NTIS: PB91-921310INZ, September 1990

Outlines the process for utilizing a Treatability Variance for the removal of soil and debris contaminated with RCRA hazardous wastes. Until the the Agency promulgates treatment standards for them, the treatment levels outlined will serve as alternative "treatment standards" to obtain compliance with LDRs.

• Superfund LDR Guide #7: Determining When Land Disposal Restrictions (LDRs) are Relevant and Appropriate to CERCLA Response Actions (PDF)(2 pp, 41 K)
  OSWER 9347.3-07FS, NTIS: PB91-214122INZ, December 1989

Outlines the process used to determine whether the RCRA land disposal restrictions (LDRs) established under the Hazardous and Solid Waste Amendments (HSWA) are applicable to an on-site CERCLA response action.

• Superfund LDR Guide #8: Compliance with Third Third Requirements under the LDRs (PDF)(4 pp, 79 K)
  OSWER 9347.3-08FS, NTIS: PB91-921313INX, October 1990

The 1984 Hazardous and Solid Waste Amendments (HSWA) require EPA to promulgate regulations restricting the land disposal of RCRA hazardous wastes. This fact sheet summarizes the key provisions of the Third Third LDR rule.

• Regional Guide: Issuing Site-Specific Treatability Variances for Contaminated Soils and Debris from Land Disposal Restrictions (LDRs) (PDF) 
  OSWER 9380.3-08FS, NTIS: PB92-963284INZ, January 1992

Provides questions and answers which summarize the considerations involved with obtaining a treatability variance from LDRs.

• Land Disposal Restrictions as Relevant and Appropriate Requirements for CERCLA Contaminated Soil and Debris (PDF)(2 pp, 101 K)
  OSWER 9347.2-01, NTIS: PB91-214973INX, June 1989

Until treatment standards for soil and debris are established, OSWER has concluded that LDRs should generally not apply to soil or debris that does not contain restricted RCRA wastes. This directive includes suggested language to be incorporated into the feasibility study report.

• Policy for Superfund Compliance with the RCRA Land Disposal Restrictions (PDF)(9 pp, 554 K)
  OSWER 9347.1-02, NTIS: PB90-249640INZ, April 1989

Explains: (1) how to determine when LDRs are 'applicable' to a Superfund removal or remedial action, and (2) the Superfund approach for complying with those LDRs which are applicable.

• Applicability of Land Disposal Restrictions to RCRA and CERCLA Ground Water Treatment Reinjection, Superfund Management Review: Recommendation No. 26
  OSWER 9234.1-06, NTIS: PB91-921332, December 1989

Explains EPA's interpretation of LDRs as potential ARARs for ground water cleanups involving reinjection. It concludes that RCRA section 3020 applies to reinjection of treated ground water into Class IV injection wells.

Other RCRA ARARs Guidance

• A Guide to Delisting of RCRA Wastes for Superfund Remedial Responses (PDF)(6 pp, 642 K)
  OSWER 9347.3-09FS, NTIS: PB90-274374INX, September 1990

Discusses the circumstances under which delisting wastes may be appropriate, and the procedures for delisting a RCRA hazardous waste as part of a Superfund remedial response.

• ARARs Q's and A's: Compliance with the Toxicity Characteristics Rule: Part I (PDF)(275 pp, 3 K)
  OSWER 9234.2-08FS, NTIS: PB90-273814INX, May 1990

Addresses compliance with the 1990 promulgated Toxicity Characteristics Rule (55 FR 11798).

• CERCLA Compliance with the RCRA Toxicity Characteristics (TC) Rule: Part II (PDF)(4 pp, 389 K)
  OSWER 9347.3-11/FS, NTIS: PB91-921309INX, October 1990

Discusses CERCLA remedial actions which must comply with the Resource Conservation and Recovery Act (RCRA) unless a waiver is justified.

Superseded Documents

Superfund LDR Guide #4: Complying With the Hammer Restrictions Under Land Disposal Restrictions (LDRs)
OSWER 8347.3-04FS, July 1989
Out-of-Date:
This LDR guide is no longer in effect.

Groundwater ARARs

• Drinking Water Contaminants & MCLs

U.S. EPA’s Office of Water sets National Primary Drinking Water Regulations (NPDWRs or primary standards). These are legally enforceable standards that apply to public water systems.

• Clarification of the Role of Applicable, or Relevant and Appropriate Requirements in Establishing Preliminary Remediation Goals Under CERCLA (PDF)(4 pp, 411 K)
  OSWER Directive 9200.4-23, NTIS: PB97-963246INX, August 1997

Clarifies the relationship between ARARs and protectiveness.

• Permits and Permit 'Equivalency' Processes for CERCLA On-site Response Actions (PDF)(7 pp, 50 K)
  OSWER Directive 9355.7-03, NTIS: PB93-963325INZ, February 1992

Clarifies the EPA policy on ARARs with respect to attaining permits for activities at Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites.

• ARARs Q's & A's: Compliance with Federal Water Quality Criteria (PDF)(8 pp, 479 K)
  OSWER Publication 9234.2-09/FS, June 1990

This fact sheet is one of a series of fact sheets that provide answers to questions that arose in developing applicable or relevant and appropriate requirements (ARARs) policies, training sessions, and in identifying and complying with ARARs at specific sites.
 

• ARARs Q's & A's: General Policy, RCRA, CWA, SDWA, Post-ROD Information, and Contingent Waivers (PDF)(5 pp, 88 K)
  OSWER Publication EPA/9234.2-01/FS-A, NTIS Order Number PB91-921341CDH, July 1991

This fact sheet is one of a series of fact sheets that provide answers to questions that arose in developing applicable or relevant and appropriate requirements (ARARs) policies, training sessions, and in identifying and complying with ARARs at specific sites. This sheet updates and replaces one which was first issued in May 1989.

• ARARs Q's & A's: State Ground-Water Antidegradation Issues (PDF)(9 pp, 837 K)
  OSWER Publication EPA/9234.2-11/FS, NTIS Order Number PB91-921311CDH, July 1990

This fact sheet is one of a series of fact sheets that provide answers to questions that arose in developing applicable or relevant and appropriate requirements (ARARs) policies, training sessions, and in identifying and complying with ARARs at specific sites. This sheet provides guidance on the status of State ground-water antidegradation provisions as potential ARARs for CERCLA ground-water and soil cleanups, and how those provisions relate to EPA's policy of returning usable ground water to its beneficial uses within a time frame that is reasonable, given the particular circumstances of the site.

• ARARs Q's & A's: Compliance with Federal Water Quality Criteria (PDF)(9 pp, 695 K)
  OSWER Publication EPA/9234.2-09/FS, NTIS Order Number PB90-274267CDH, June 1990

This fact sheet is one of a series of fact sheets that provide answers to questions that arose in developing applicable or relevant and appropriate requirements (ARARs) policies, training sessions, and in identifying and complying with ARARs at specific sites. This sheet addresses compliance with Federal Water Quality Criteria as ARARs. Federal Water Quality Criteria (FWQC) are nonenforceable guidance established by EPA, through the Clean Water Act, for evaluating toxic effects on human health and aquatic organisms. FWQC may be ARARs for a Superfund action when they are relevant and appropriate.

• CERCLA Compliance with Other Laws Manual: CERCLA Compliance with the CWA and SDWA (PDF)(7 pp, 660 K)
  OSWER Publication EPA/9234.2-06/FS, NTIS Order Number PB90-273806CDH, February 1990

This fact sheet provides a guide to Chapters 3 and 4 of Part I of the "CERCLA Compliance with Other Laws Manual." The fact sheet focusses on CERCLA compliance with the Clean water Act (Chapter 3) and Safe Drinking Water Act (Chapter 4), and discusses other statutes with provisions relevant to surface water or drinking water.

• CERCLA Compliance with Other Laws Manual. Part I. Interim Final (PDF)(243 pp, 1.2 MB)
  OSWER Publication EPA/9234.1-01, NTIS Order Number PB90-272535CDH, August 1988

Section 121(d) of CERCLA requires that on-site remedial actions attain or waive Federal or more stringent State applicable or relevant and appropriate requirements (ARARs) upon completion of the remedial action. The 1990 National Oil and Hazardous Substances Pollution Contingency Plan (NCP) requires compliance with ARARs during remedial actions as well, and during removal actions to the extent practicable. This volume covers potential ARARs of the Resource Conservation and Recovery Act (RCRA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Clean Air Act (CAA), and other laws as required by CERCLA.

• Applicability of RCRA Section 3020 to In-Situ Treatment of Ground Water
  OSWER/OSW memorandum, December 2000

This memorandum clarifies that reinjection of treated ground water to promote in-situ treatment is allowed under section 3020(b) as long as certain conditions are met. Specifically, the ground water must be treated prior to reinjection; the treatment must be intended to substantially reduce hazardous constituents in the ground water - either before or after reinjection; the cleanup must be protective of human health and the environment; and the injection must be part of a response action under CERCLA section 104 or 106 or a RCRA corrective action intended to clean up the contamination.

• Applicability of Land Disposal Restrictions to RCRA and CERCLA Ground Water Treatment Reinjection Superfund Management Review: Recommendation No. 26
  OSWER Directive #9234.1-06, December 1989

This memorandum explains EPA's interpretation of whether the RCRA land disposal restrictions (LDRs) are applicable or (under CERCLA response actions only) relevant and appropriate to such reinjections or to the remediation as a whole. There has been some question as to whether ground water contaminated with restricted RCRA hazardous wastes, which is extracted during a RCRA corrective action or CERCLA response action, must meet the best demonstrated available technology (BDAT) identified for that waste under the RCRA LDRs prior to each reinjection, in a pump-and-treat reinjection remediation system.

• Class V UIC Study fact Sheet: Aquifer Remediation Wells (PDF)(1 pg, 159 K)

OGWDW fact sheet

ARAR Waivers