United States Environmental Protection Agency _ Office of Solid Waste and Emergency Aesoor.se &EPA DIRECTIVE NUMBER: 9012.10-b TITLE: Redelegation of Civil Judicial Settlement Authorities under Delegation 14-13-B and 14-14-E APPROVAL DATE: August 18, 1988 EFFECTIVE DATE: AugUst is. 1988 ORIGINATING OFFICE: OWPE EJ FINAL DDRAFT LEVEL OF DRAFT , 6Q A — Signed by AA or OAA Da — Signed by Office Director Q C — Review 4 Comment REFERENCE (other documents): OSWER Directive 9012.10-a "Revision of CERCLA Civil' Judicial Settlement Authorities Under Delegation 14-13-B and 14-14-E SWER OSWER OSWER DIRECTIVE DIRECTIVE Dl ------- ***** r-v OSWER Directive initiation Rec i . Directive Numcer 3UeSt 9012. 10-b 2. Originator information Name of Contact Person Mail Code Office Llovd Guerci OS-510 OWPE Teiepnone Cooe 382-4810 3. Title Redelegation of Civil Judicial Settlement Authorities under Delegation 14-13-B and 14-14-E i i 4. Summary of Directive (inciuce onel statement of purpose) • Redelegatibns consultation and concurrence en judicial settlements and deminimis ', settlements to Director, Office of Waste Programs from AA-OSWER 5. Keyworcs Judicial Settlement; Consent Decree; DeMinimis 6a. Does This Directive Superseoe Previous Directive^)? X No Yes D. Does IT Supplement Previous Directrveisc? No Y Yes ^••^tfBH ^tf^M^M T^ * Authorities Under Delegations 14-T3-B 7. Draft Level ^ A - Signed by AA€AA 8 - Signed by Office Director C - F What directive (number, title) What directive (number, title) 9012. 10 a sion of CERCLA Civil Judicial or Review & Comment 0 - In Development 8. Document to be distributed to States by Headquarters? Yes X No This Request Meets OSWER Directives System Format Standards. 9. Signature of Lead Office Directives Coordinator Date 10. Name ana Title of Approving Official Date /A-^^x^ 9 / EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete. OSWER OSWER OSWER 0 /E DIRECTIVE DIRECTIVE DIRECTIVE ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OSWER Directive 901-2vlO-b C7FiCE CF SCLIO WASTE AND EMERGENCY RESPONSE MEMORANDUM SUBJECT: Redelegation of Civil Judicial Settlement Authorities Under Delegation 14-13-B and 14-14-E (OSWER Directive 9012.. lOa) FROM: J. Winston Porter Assistant Administrator TO: Bruce M. Diamond, Director Office of Waste Programs Enforcement On September 14 and 21, 1987 the Administrator signed new and revised delegations of authority regarding, activities under CERCLA as amended by the Superfund Amendments and Reauthorization Act (SARA) . Supplemental delegations for Delegations 14-13-B and 14-14-E (civil judicial settlements & de minimis settlements respectively) were put into effect on June 17, 1988 under OSWER Directive 9012. lOa. The purpose of this memorandum is to redelegate to the Director of the Office of Waste Programs Enforcement or his designee selected authorities concerning civil judicial settlements and de minimis settlements. I want to emphasize the importance of continued cooperative consultation between the offices undertaking these authorities. Consultation between OWPE and OECM prior to civil judicial settlements and de minimis settlements will contribute to careful review of consent decrees. These revised delegations designate responsibilities to exercise concurrence or to be consulted. The authority to non- concur on specific settlements is retained at the Assistant Administrator level. You may authorize a designee to act on your behalf with regard to -concurrence or consultation. The redelegations contained in this document supersede any and all previous redelegations. Attachment ------- OSWER Directive 9012.10-b The Comprehensive Environmental Response. Compensation. And Liability Act fCERCIA) R-14-13-B. Concurrence .in Settlement of Civil Judicial Actions 1. Authority., To exercise bhe Agency's concurrence or be consulted in the settlement of civil judicial enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as amended, and to request the Attorney General to amend a consent decree issued under CERCLA. 2. TO WHOM DELEGATED. The following authorities are delegated to the Director, Office of Waste Programs Enforcement. A. Consultation Requirement Prior to Signing Settlements Under the Following Conditions 1. §106 RD/RA settlements where response costs are between $30 and $60 million (Concurrence is required if the terms outlined in B.4. below exist. This corresponds to D.3 of Directive No. 9012.lOa). 2. §107 settlements where total claims are between $30 and $60 million (Concurrence is required if the terms outlined in B.4. below exist. This corresponds to D.3 of Directive No. 9012.10-a). 3. Settlements which compromise greater than 25% and less than 50% of the total past and future costs, and mixed funding settlements which require greater than 25% and less than 50% contribution by the U.S., where such compromise or contribution exceeds $2.0 million (except where concurrence is required by B.4. below. This corresponds to D.3 of Directive No. 9012.lOa.) B. Concurrence Requirements, in Judicial Actions 1. First settlement involving §103 Reportable Quantities. (Additional cas.es are fully delegated to the Regions) 2. §106 RD/RA settlements where response costs exceed $60 million. 3. §107 settlements where total past and future costs exceed $60 million. ------- _2_ OSWER Directive 9012.10-b 4. Settlements which compromise greater "than 50% of the total past and future costs, and mixed funding settlements which require a 50% or greater than $2.0 million contribution by the U.S. Total past and future costs are to be included in the calculation of th-e .contribution by the U.S. 5. Multi-Regional or nationally-managed cases, including bankruptcies. 6. Settlements based upon extraordinary circumstances which purport to grant convenants not to sue without limitations as to future liability (§122(f)(6)(B)). 7. Precedent setting cases (e.g., certain municipalities as generators, dioxin, substantial deviations from Agency policy). 8. Settlements involving §122(f)(2) special covenants not to sue. Limitations The Assistant Administrator for Solid Waste and Emergency Response retains the authority to non-concur in all settlements. Redeleaation Authority These authorities may be redelegated to the Director, CERCLA Enforcement Divison. Additional References a. Sections 103, 106, 107 and 122 of CERCLA b. 'All applicable Agency guidance and directives. c. Authority to recover costs is delegated in 14-14- D, "Cost Recovery Non-Judicial Agreements and Administrative Consent Orders." Authority to enter into De Minimis settlements under .CERCLA section 122(g) is delegated in Delegation 14-14-E, "De Minimis Settlements". ------- -3- OSWER Directive 9012.10-b The Comprehensive Environmental Response. Compensation, And Liability Act fCERCLA) R-14-14-E^ De Minimis Settlments 1. AUTHORITY Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act as amended (CERCLA), to enter into or exercise Agency concurrence in de minimis settlements under Section 122(g) 2. To Whom Delegated Director, Office of Waste Program.Enforcement 3. Limitations a. After the first cases under §122(g)(1)(a) and §122(g) (1)(B), the authority is delegated to the Regional Administrators. Consultation with the Director of Office of Waste Programs Enforcement is required on these settlements. b.. The Assistant Administrator for Solid Waste and Emergency Response retains the authority to non-concur .on all §122(g)(l)(a) and §122(g)(1)(b) settlements. i 4. REDELEGATION AUTHORITY This authority may be redelegated to the Division Director level. 5. ADDITIONAL REFERENCES a. Sections 106, 107 and 122 of CERCLA b. All applicable agency guidance and directives. c. Authority to recover costs other than de minimis settlements is delegated in 14-14-D, Cost Recovery Non- Judicial Agreements and Administrative Consent Orders," and in 14-13-B "Concurrence in Settlement of Civil Judicial Actions." ------- |