2.1.2 Requirements for Evaluating and Protecting the Environment

Several sections of CERCLA identify the requirement for conducting "environmental" evaluations in order to evaluate risks and identify appropriate remedial actions. In addition, CERCLA also identifies the requirement to implement remedies to protect the environment. The principal sections include:

• Section 104, which authorizes the President to take removal or remedial actions consistent with the NCP in order to protect public health, welfare, or the environment.
• Section 105(a)(2), which calls for methods to evaluate and remedy "any releases or threats of releases…which pose substantial danger to the public health or the environment."
• Section 121(b)(1), which requires selection of remedial actions that are "protective of human health and the environment."
• Section 121(c), which calls for "assurance that human health and the environment continue to be protected."
• Section 121(d), which directs the EPA to attain a degree of cleanup "which assures protection of human health and the environment."

Note the extensive reference in these sections to the term "environment." CERCLA defines the "environment" as:

1. The navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); and


2. Any other surface water, groundwater, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.

The process for evaluating risks is identified in the NCP, which is discussed in the next section of this guidance.