Safe Drinking Water Act Amendments of 1995 Hearing Before the Committee On Env
Safe Drinking Water Act Amendments of 1995 Hearing Before the Committee On Env
Ze20and20amend20title20xiv20of20the20public
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MCLGs and MCLs are presumptive cleanup standards under CERCLA (both in the statute and the NCP), if relevant and appropriate under the circumstances of the release. Sk 42 U. S. C. § 9621(d)(2)(A); 40 C. F. R. §§ 300. 430(e)(2)(B)-(C) & 300. 700(c)(5)(vii). Congress has deUbeiately created an interconnection between MCLGs and CERCLA cleanup standards, an interconnection that automatically occurs whenever EPA adopts a new MCLG. EPA must keep this interconnection in mind as it develops the sulfate... MCLG, and must develop an adequate administrative record supporting use of the MCLG as a cleanup standard. Failure to do so would be an abdication of * Releases of pollutants or contaminants also^may suffice for a facility to be placed on the National Priorities List pursuant to 42 U. S. C. § 9605(a). 36 396 EPA's obligations under CERCLA and the SDWA, and would render the rulemaking subject to challenge under the Administrative Procedure Act. '" The area where the cunent administrative record is most glaringly incomplete with respect to the automatic adoption of MCLGs as presumptive cleanup standards under CERCLA is in EPA's failure to account for increased remediation costs likely to occur as a result of adoption of the MCLG.
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