Abstract |
The Fact Sheet discusses, section 121(d)(2) of CERCLA, as amended by the 1986 Superfund Amendments and Reauthorization Act (SARA), requires that remedial actions must at least attain Federal and more stringent State applicable or relevant and appropriate requirements (ARARs) upon completion of the remedial action. The Q's and A's fact sheet is designed to provide guidance on the status of State ground-water antidegradation provisions as potential ARARs for CERCLA ground-water and soil remedial actions. The guidance in the fact sheet reiterates Agency policy already in practice in EPA's Regional offices. The goal and policy of the Superfund program is to return usable ground water to its beneficial uses within the timeframe that is reasonable, given the particular circumstances of the site. In addition to their goal of ground-water cleanup, Superfund has a nondegradation policy in that they strive for the prevention of further degradation of the ground water during their remedial actions. However, it should be noted that more stringent State standards than those imposed by EPA policy may be imposed by State antidegradation requirements. Such State requirements, if they have been determined to be ARARs for the site, would have to be met (e.g., by meeting the discharge requirements) or waived (e.g., by the interim remedy waiver). Nevertheless, even where temporary degradation of the ground water may be required during the remedial action, they will provide protection by restricting access or providing institutional controls, and EPA response actions will ultimately result in restoration of the ground water's beneficial uses. |