Page:United States Statutes at Large Volume 100 Part 2.djvu/572

 100 STAT. 1674

PUBLIC LAW 99-499—OCT. 17, 1986

42 USC 201 note. Drinking Water Act and water quality criteria established under 33 USC 1314, section 304 or 303 of the Clean Water Act, where such goals or 1313. criteria are relevant and appropriate under the circumstances of the release or threatened release. "(B)(i) In determining whether or not any water quality criteria 33 USC 1251 under the Clean Water Act is relevant and appropriate under the ^°^circumstances of the release or threatened release, the President shall consider the designated or potential use of the surface or groundwater, the environmental media affected, the purposes for which such criteria were developed, and the latest information available. "(ii) For the purposes of this section, a process for establishing alternate concentration limits to those otherwise applicable for hazardous constituents in groundwater under subparagraph (A) may not be used to establish applicable standards under this paragraph if the process assumes a point of human exposure beyond the boundary of the facility, as defined at the conclusion of the remedial ,, investigation and feasibility study, except where— ,j;, "(I) there are known and projected points of entry of such groundwater into surface water; and "(II) on the basis of measurements or projections, there is or ., ' will be no statistically significant increase of such constituents from such groundwater in such surface water at the point of entry or at any point where there is reason to believe accumulation of constituents may occur downstream; and "(III) the remedial action includes enforceable measures that will preclude human exposure to the contaminated ground. water at any point between the facility boundary and all known and projected points of entry of such groundwater into surface water then the assumed point of human exposure may be at such known and projected points of entry. "(C)(i) Clause (ii) of this subparagraph shall be applicable only in cases where, due to the President's selection, in compliance with subsection (b)(D, of a proposed remedial action which does not permanently and significantly reduce the volume, toxicity, or mobility of hazardous substances, pollutants, or contaminants, the proposed disposition of waste generated by or associated with the remedial action selected by the President is land disposal in a State referred to in clause (ii). "(ii) Except as provided in clauses (iii) and (iv), a State standard, requirement, criteria, or limitation (including any State siting standard or requirement) which could effectively result in the statewide prohibition of land disposal of hazardous substances, pollutants, or contaminants shall not apply. "(iii) Any State standard, requirement, criteria, or limitation referred to in clause (ii) shall apply where each of the following conditions is met: "(I) The State standard, requirement, criteria, or limitation is of general applicability and WEIS adopted by formal means. "(II) The State standard, requirement, criteria, or limitation was adopted on the basis of hydrologic, geologic, or other relj evant considerations and WEIS not adopted for the purpose of precluding onsite remedial actions or other land disposal for • reasons unrelated to protection of human health and the environment.

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