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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