Common use of Identification and Determination of Potential ARARs Clause in Contracts

Identification and Determination of Potential ARARs. A. For those Primary Documents or Secondary Documents that consist of or include ▇▇▇▇ determinations, the Parties’ Project Managers shall meet prior to the issuance of a draft report to identify and propose, to the best of their ability, all potential ARARs pertinent to the document being addressed. At that time, EPA, the Commonwealth, and Interior shall identify all potential ARARs for their respective entities as required by CERCLA Section 121(d)(2)(A)(ii), 42 U.S.C. § 9621(d)(2)(A)(ii), and the NCP that are pertinent to the document being addressed. Draft ▇▇▇▇ determinations shall be prepared by Navy in accordance with CERCLA Section 121, the NCP, and pertinent guidance issued by EPA, which is not inconsistent with CERCLA and the NCP. B. In identifying potential ARARs, the Parties recognize that actual ARARs can be identified only on a site-specific basis and that ARARs depend on the specific hazardous substances, pollutants, and contaminants at an AOC or SSA, the particular actions being considered for a remedy, and the characteristics of an AOC or SSA. The Parties recognize that ▇▇▇▇ identification is necessarily an iterative process and that potential ARARs must be reexamined throughout the RI/FS process until a ROD is issued.

Identification and Determination of Potential ARARs. A. 1. For those Primary Documents primary reports or Secondary Documents secondary documents that consist of or include ▇▇▇▇ determinations, the Parties’ Project Managers shall meet prior to the issuance of a draft report report, the Project Managers shall meet to identify and propose, to the best of their ability, all potential ARARs pertinent to the document report being addressed. At that time, EPA, the Commonwealth, and Interior [State] shall also identify all potential [State] ARARs for their respective entities as required by referenced in CERCLA Section §121(d)(2)(A)(ii), 42 U.S.C. § §9621(d)(2)(A)(ii), and the NCP that which are pertinent to the document report being addressed. Draft ▇▇▇▇ determinations shall be prepared by Navy the [DoD Component] in accordance with CERCLA Section 121§121(d)(2), 42 U.S.C. §9621(d)(2), the NCP, NCP and any pertinent guidance issued by EPA, which is not inconsistent with CERCLA and the NCP. B. In ▇. ▇▇ identifying potential ARARs, the Parties recognize that actual ARARs can be identified only on a site-specific basis and that ARARs depend on the specific hazardous substances, pollutants, pollutants and contaminants at an AOC or SSAa site, the particular actions being considered for proposed as a remedy, remedy and the characteristics of an AOC or SSAa site. The Parties recognize that ▇▇▇▇ identification is necessarily an iterative process and that potential ARARs ARARs; must be reexamined re-examined throughout the RI/FS process until a ROD is issued.