What constitutes ARAR “on-site” and “off-site” actions?
CERCLA defines on-site as “the areal extent of contamination and all suitable areas in very close proximity to the contamination necessary for implementation of the response action” (55 FR 8817). Noncontiguous facilities also may be viewed as on-site based on a case-by-case analysis of whether facilities are related by threat posed or geography (55 FR 8690). Also, DOE Orders are not affected by the ARAR on-site/off-site policy. DOE and DOE contractors must comply with DOE Orders at their facilities. On-site and off-site CERCLA response actions differ in two significant ways. First, ARAR provisions apply only to on-site actions; off-site actions must comply with any laws and regulations that legally apply to that action. Also, ARAR waivers are not available for any requirements that regulate off-site actions. Additionally, on-site CERCLA actions must comply only with the substantive portions of a given ARAR; on-site activities need not comply with administrative requirements, such as ob
