SITE INFORMATION AND CORRESPONDENCE_1988-1991

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ARARs and TBCs for Superfun I Sites -6- 17 May 1991 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. OTHER STANDARDS, REQUIREMENTS, CRITERIA, AND LIMITATIONS AND GUIDANCE Statement of Policy with Respect to Maintaining High Quality of Waters in California, State Board Resolution No. 68-16 Included in the list of state ARARs and TBCs developed in June 1987 are all the policies, procedures, orders, and resolutions of the Regional Water Quality and State Water Resources Control Boards. One of the most significant policies with respect to the protection of water quality from contaminated sites is State Board Resolution No. 68-16. This resolution, often referred to as the antidegradation policy, requires the continued maintenance of high quality waters of the state even where that quality is greater than needed to protect beneficial uses. This policy would be a chemical-specific and an action- specific ARAB This and other important policies have been incorporated into the Basin Plans by the Regional Boards. 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.