Do Department of Energy Orders constitute ARARs or TBCs?
DOE Orders are neither ARARs nor TBCs. DOE Orders themselves are not ARARs because they are not promulgated. However, in some cases DOE Orders may contain requirements promulgated by other federal agencies that could be potential ARARs, and these requirements should be identified through the ARARs identification process. Some regulators may choose to refer to DOE Orders as “TBCs.” However, DOE personnel should not regard DOE Orders as simply “to be considered information.” DOE and DOE contractors must comply with these Orders at DOE facilities. DOE Orders are legally binding because of contractual arrangements between DOE and its contractors. Finally, DOE Orders in final RODs are enforceable under CERCLA and cannot be waived using DOE procedures for waiving Orders.
