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 ------- 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 ------- - 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 ------- 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) ------- 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." ------- 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. ------- 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. ------- |