SITE INFORMATION AND CORRESPONDENCE

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ARARs and TBCs for Superfund Sites -6- 17 May 1991 (updated 10 October 1991) Chapter 15, Discharges of Waste to Land In 1984, regulations contained in Chapter 15 were substantially changed to increase their degree of protection for water quality. These regulations govern the treatment, storage, and disposal of waste to land and establish siting, containment, monitoring, and closure standards. Activities included in this program are the issuance of WDRs by the Regional Boards for the discharge of 'hazardous', 'designated' and 'nonhazardous solid' wastes to land and the oversight of corrective actions at leaking waste management units. Cleanup activities involving the discharge of waste to land or the closure of leaking waste management units at a CERCLA site would be subject to the substantive requirements of Chapter 15. These regulations contain both action-specific and location-specific ARARs. Chapter 16, Underground Tank Regulations Regulations contained in Chapter 16 allow for local enforcement agencies to be the lead in permitting and enforcement of leaking underground storage tanks. Under these regulations, the Regional Boards provide oversight of cleanup activities associated with leaking underground tanks. Corrective actions taken with respect to leaking underground tanks would be subject to the regulations in Chapter 16 as well as other regulations. These regulations may be both chemical-specific and action-specific ARARs.' SOLID WASTE ASSESSMENT TEST (SWAT) PROGRAM Assembly Bill 3525 (Calderon) added §13273 to the California Water Code in 1984. This section authorizes the Regional Boards to implement the SWAT program with respect to water quality. The purpose of the SWAT program is to identify solid waste disposal sites that may be leaking hazardous wastes and threatening water quality. Certain aspects of the SWAT program may be applicable to the cleanup activities at CERCLA sites if solid waste disposal units are identified during the remedial investigation. Cleanup and abatement of a disposal unit found to be polluting surface or ground waters may be undertaken pursuant to existing authority in the Water Code and in Chapter 15. ' It should be noted that"petroleum,including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance",is specifically excluded from CERCLA under the definitions of"hazardous substance" in§101(14) and of "pollutant or contaminant" in §104(a)(2). This exclusion may limit CERCLA actions with regard to underground tanks containing petroleum fractions. The petroleum exclusion applies only to CERCLA. It does not prevent the Regional Board from ordering cleanup of any petroleum discharges. In addition,where the petroleum has mixed with CERCLA hazardous substances,the petroleum then becomes part of the cleanup. Note that the Department of Defense does not exempt petroleum for purposes of obtaining oversight funds for federal facility cleanups.