vv EPA
                 United States
                 Environmental Protection

                 Agency
              Office of
              Solid Waste and
              Emergency Response
DIRECTIVE NUMBER: 9260.3-00

TITI C.  Delegations of Authority Under the Federal Water

     Pollution Control Act (FWPCA) Which are Applicable

            to the Superfund Program


APPROVAL DATE:  4/84


EFFECTIVE DATE:  4/84


ORIGINATING OFFICE:  Office of Solid Waste


0 FINAL


D DRAFT


  STATUS:





REFERENCE (other documents):

 Contains all delegations of authority issued under the EWPOV which also apply under
 CERCIA. Each delegation carries a separate directive nuntoer that identifies it as
 an official policy issuance. Each delegation should be referred to or cited by its
 official delegation number and/or title, not by its directive nunfcer.
  OSWER       OSWER       OSWER
fE    DIRECTIVE    DIRECTIVE    Di

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Washington. OC 20460
OEPA OSWER Directive Initiation Reauest

Name o< Contact Person Mail Code Office
OERR/PAS WH 548-D OERR/PAS
9260.3-00

(202) 382-2182
3. Till*
Delegations of Authority Under the Federal Water Pollution Control Act (EWPCA
which are Applicable tro the Superfund Program
4. Summery of Directive (Include brut stMmtnt of purpose)
Contains all delegations of authority issued under the EWPCA which also apply under
CERCIA. Each delegation carries a separate directive number that identifies it as
an official policy issuance. Each delegation should be referred to or cited by its
official delegation nurtiber and /or title, not by its directive nuntoer.
5. Keywords
Superfund, CERCIA, Delegations of Authority
6a. DOM this Directive Supersede Previous Directive**)? |_J Yes XK 1 No Whet directive Inumbtr. tnl»)
b. Does It Supplement Previous Directives)? Q Yes ^] No Whet Directive (number, titttt
7.. Draft Level
LJ A — Signed by AA/OAA . LJ B — Signed by Office Director D C — For Review 4 Comment LJ In Development
This Request Meets OSWER Directives System Format
8. Signature of Lead Offics>0irectives Coordinator
9. Name and Title of Approving Official
The Administrator

Date
Date
4/84
OS WER   OS WER    OS WE
  DIRECTIVE   DIRECTIVE

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                - OSWER Directive 9260.3-00
      Delegations of Authority Under the Federal Water

     Pollution Control Act (FWPCA) Which are Applicable

                  to the Superfund Program
                    Effective April 1984
This document contains those delegations of authority issued
under the FWPCA which also apply under CERCLA.   Each delega-
tion carries a separate directive  number that identifies it
as an  oficial policy issuance.    Each delegation should be
cited in written matter  by  its  official delegation number
and/or title, not the directive number.
           U. S. ENVIRONMENTAL PROTECTION AGENCY

         Office of Emergency and Remedial Response

                  Washington, D. C. 20460

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9260.3  FWPCA DELEGATIONS OF AUTHORITY APPLICABLE UNDER CERCLA
Directive
number
9260.3-01
9260.3-02
9260.3-03
Delegation
number
2-15-A
2-28
2-29
                                     Delegation
                                       title

                        Determinations of Imminent and Substantial
                        Endangerment (4/16/84)

                        Product Placement on NCP Schedule
                        (4/16/84)

                        Spill Prevention Control and Counter-
                        measure Plan (4/16/84)

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 DELEGATIONS           OSWER Directive 9260.3-01
                                                                        APK x 6 1984


                   FEDERAL WATER POLLUTION CONTROL ACT  (FWPCA)

         2-15-A.  Determinations  of  Imminent and Substantial Endangerment


 1.  AUTHORITY.  To determine, pursuant to the Federal Water Pollution Control  Act
 (FWPCA) and  in accordance with  Executive Order 11735, dated August 3, 1973, that
there is an  imminent and  substantial threat to the public health or welfare of the
United States because of  an  actual  or threatened discharge of oil or hazardous
substance into or upon the navigable waters of the United States from an onshore
or offshore facility.

2.  TO WHOM  DELEGATED.  Regional Administrators and Assistant Administrator
for Solid Waste and Emergency Response.

3.  REDELEGATICN AtflHORITY.  This authority may be redelegated.

4.  ADDITIONAL REFERENCES.

    a.  Section 311 of FWPCA.

    b.  National Contingency Plan (40 CFR 300.52).             "           ' .

    c.  For referral of the corresponding civil judicial enforcement action's to
the Departmsnt of Justice see Chapter 2 delegations entitled "Civil Judicial
Enforcement Actions" and  "Emergency TRO's."

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DELEGATIONS                   Directive 9260.3-02
                                                                        APK i ti  1964


                  FEDERAL WATER POLLUTION CONTROL ACT (FWPCA)

                    2-28.  Product Placement on NCP Schedule


1.  AUTHORITY.  To issue, pursuant to the Federal water Pollution Control Act
(FWPCA), letters of notification of placement of chemical and biological agents
on the National Oil and Hazardous Substances Pollution Contingency Plan (NCP)
Product Schedule in accordance with Subpart H "Use of Dispersants and Other
Chemicals" of the NCP.

2.  TO WHOM DELEGATED.  Assistant Administrator for Solid Waste and Emergency
Response.

3.  REDELEGATION AUTHORITY.  This authority may be redelegated.

4.  ADDITIONAL REFERENCES.  Section 311(c)(2HG) of FWPCA; 40 CFR §300.81.

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 DELEGATIONS            OSWER Directive 9260.3-03
                                                                        A^ 1 6 1964


                  FEDERAL WATER POLLUTION CONTROL ACT (FWPCA)

             2-29.  Spill Prevention Control and Countermeasure Plan


 1.  AUTHORITY.  Pursuant to the Federal Vteter Pollution Control Act (FWPCA), to
 perform the  EPA functions and responsibilities relative to the Spill Prevention
 Control and  Countemeasure Plan (SPCC Plan) regulations.

 2.  TO WHOM  DELEGATED.  Regional Administrators and Assistant Administrator
 for Solid Waste and Emergency Response.

 3.  LIMITATIONS..

    a.   Regional Administrators are delegated the authority to authorize
extensions of time for preparation and implementation of SPCC Plans in accordance
with 40 CFR  §112.3(f), to require amendments to SPCC Plans in accordance with
40 CFR 5112.4, and to appoint Presiding Officers, in accordance with 40 CFR
 §114.6.  Regional Administrators are, also, delegated the authority to assess
and compromise civil penalties in accordance with 40 CFR §112.6, 114.1 and
 114.3.

    b.   The Assistant Administrator for Solid Waste and Emergency Response is
delegated the authority to render decisions on appeals made pursuant to 40 CFR
$112.4(f) by owners and operators relative to amendments to SPCC Plans required
by Regional Administrators.

4.  REDELEGATICN AtftHORITY.  This authority may be redelegated.

5.  ADDITIONAL REFERENCES.

    a.  Section 311(j ) (1) (C)  of FVPCA.

    b.  40 CFR Parts 110, 112 and 114.

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