Are environmental standards and requirements of Indian tribes potential ARARs?
Yes. Indian Tribal requirements are potential ARARs for CERCLA response actions taken on Tribal lands and are treated consistently with state requirements provided they meet the eligibility criteria for state ARARs [i.e., the requirements are promulgated (legally enforceable and of general applicability), are more stringent than federal requirements, and are identified in a timely manner]. [See the preamble to the NCP (55 FR 8741-8742); Section 300.5 of the NCP (55 FR 8816) for a definition of “Indian tribe;” and the “Revised Interim Final Guidance on Indian Involvement in the Superfund Program,” OSWER Directive 9375.5-02A, November 28, 1989.
