Is compliance with ARARs required for a “no action” decision?
No. CERCLA Section 121, “Cleanup Standards,” applies only to remedial actions that the Agency determines should be taken under CERCLA Sections 104 and 106 authority. A “no action” decision typically constitutes a “no further action” decision, which can only be made when no further response action (remedial or removal) is necessary to reduce, control, or mitigate exposure because the site or a portion of the site is already protective of human health and the environment. See “Guidance on Preparing Superfund Decision Documents” (OSWER Directive 9355.3-02) for discussion of “no action” decisions.
Related Questions
- What is the difference between listing a preliminary compliance decision as "P2 alternative" versus "P2 alternative with modification" in Table C of the P2 Audit?
- How is the decision to approve or deny an Administrative Certificate of Compliance made?
- Is compliance with ARARs required for a "no action" decision?
