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Can TMDLs Serve as ARARs?

May 2013

Citation: ELR 10444

Author: Lea M. Colasuonno

The CWA and CERCLA were passed to clean up the environment and protect public health. Both statutes required Congress to set a standard for cleanliness. Under
CERCLA, Congress determined that Superfund sites had to meet applicable or relevant and appropriate requirements (ARARs), and under the CWA, Congress said water bodies must meet water quality standards and, if those fail, must meet TMDLs. TMDLs are not usually able to serve as ARARs, but there are a variety of solutions federal and state authorities could use to enable TMDLs to serve as ARARs.

Lea Colasuonno is a 2013 graduate of The George Washington University Law School.

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