&EPA
United States
Environmental Protection
Agency .'
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9260.5-01
TITLE; Redelegation of Authority Under CERCLA & SARA
(Renumbered from 9000 series)
APPROVAL DATE: 5/25/88
EFFECTIVE DATE:
ORIGINATING OFFICE:
D FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OS WER OS WER OS WER
VE DIRECTIVE DIRECTIVE Dl
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. ..L j-juW environmental Protecaon Agency
Washington, DC 204«0
OSWER Directive Initiation Request
. Oir»«v« Numo«r
9260.5-01
2. Originator Information
*Jame of Contact Person
Arthur Weissman
3. Title
Mad Cod*
OS-240
Office
OPM/PAS
Telephone Code
382-2180
Redelegation of Authority Under CERCLA and SARA
4. Summary of Directive (indude bnef statement of purpose)
Directives delegating new and revised authorites under f"J7"
CERCLA & SARA
3. Keywords
6*. Does This Directive Supersede Previous Dtrective(s)? I 1 i i
I I No [ j Yes What directive (number.
tt(«J
b. OOM It Suppl«m«nt Pr«viou« 0 OSWEA OfractivM Syttem Format Standard*.
9. Signature of Lead Office Directives Coordinator . - -
Richard L. Hyde
10. Name and Title of Approv»ig Official
J. Winston- Porter
•*•
Oat*
5-25-88
Date
5-25-88
EPA Form 131S-17 (Rev. f-47) Previooe edttkxis are obsolete.
OSWER OSWER OSWER 0
VE DIRECTIVE DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, O.C. 20460
MAY 2 5 1988
OP
SOLID WASTE 4NC ewSflGHN
MEMORANDUM
SUBJECT: Redelegation of Authority Under CERCLA and SARA
(OSWER Direct^vft.9012.10)
FRCM: J.^Tinstorr Porter
Assistant Administrator
TO: Henry L. Longest II, Director
Office of Emergency and Remedial Response
Jonathan Z. Cannon, Director
Office of Waste Programs Enforcement
Janes Makris, Director
Preparedness Staff
Thomas Devine, Director
Office of Program Management and Technology
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). The purpose of this
memorandum is to redelegate selected authorities to the Directors of the
Offices of Emergency and Remedial Response, Waste Programs Enforcement,
Program Management and Technology, and to the Director of the Preparedness
Staff in order to facilitate more efficient program operation.
I want to emphasize the importance of continued cooperative consultation
between the offices undertaking these authorities. Consultation between OWPE
and OERR prior to agreements in principle for settlements involving mixed
work or prsmthorization will contribute to careful review of such proposals,
since both CM! approval of settlements and and OERR approval of use of Fund
monies ar» n^iired. In addition, OERR and OWPE should mutually consult so
that there im • consistent overall approach taken in site assessment, including
public health assessments done by ATSDR, public health evaluations, and
endangenasnt assessments.
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-2-
«
Attachment A contains redelegations of authority to undertake specific
actions. Attachment B designates responsibilities to exercise concurrence,
to consult, or to receive notice. You may authorize a designee to act on
your behalf with regard to any of your concurrence, consultation, and notice
resoonsibilities.
The redelegations and designations contained in this document supersede
any and all previous redeleaations and designations.
Attachments
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CERCLA/SARA
REDELEGATIONS OF AUTHORITY
FROM THE ASSISTANT ADMINISTRATOR
FOR SOLID WASTE AND EMERGENCY RESPONSE
TABLE OF CONTENTS
REDELEGATION OF AUTHORITY (ATTACHMENT A)
R-14-6 Inspections, Sampling, Information Gathering,
Subpoenas and Entry for Response
R-14-7 Combination of Noncontiguous Facilities for
Response Purposes
R-14-8-A Federal-Lead Studies and Investigations Related
to Response Actions
R-14-8-B Studies and Investigations Related to Cost
Recovery and Enforcement Decisions; Special Notice
R-14-9 Claims Asserted Against the Fund
R-14-10-A State Technical Assistance
R-14-16 Demand Letters
R-14-19 Contractor Indemnification
R-14-21 Agreements with other Federal Agencies
R-14-25 Notification of Trustees
R-14-27 Petitions for Reimbursement
R-14-28 Federal Agency Hazardous Waste Compliance Docket
R-14-30 Acquisition of Property
R-14-36 Lead Contaminated Soil
R-14-37 Reimbursement to Local Governments
R-14-38 EPA Role in Department of Defense Environmental
Restoration Program
R-8-33 Selection and Performance of Federal Corrective
Actions at Leaking Underground Storage Tanks
R-22-3 Administrative Enforcement Actions
R-22-7 Trade Secrets
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-2-
REDELBGATION OF AUTHORITY TO
EXERCISE CONCURRENCE TO CONSULT,
OR TO RECEIVE NOTICE (ATIftUglEOT B)
R-14-1-A
R-14-10-B
R-14-12
R-14-13-C
R-14-14-A
R-14-I4-B
R-14-14-C
R-14-14-D
R-14-18-A
R-14-24
R-14-26
R-14-30
R-14-31
R-14-35
R-14-36
R-14-38
R-22-1
R-22-3
Selection and Performance of Removal Actions
Costing up to $2,000,000
State Legal Assistance
Civil Judicial Enforcement Actions
Emergency TRQs
Determinations of Imminent and Substantial
Endangerment
Administrative Actions Through Unilateral Orders
Administrative Actions Through Consent Orders
Cost Recovery Non-Judicial Agreements and
Administrative Consent Orders
Alternative Treatment Technology Research,
Development, Demonstration, and Training
Grants for Technical Assistance
Federal Lien - - - -
Acquisition of Property
Administration Penalty Actions
List of Hazardous Substances and lexicological
Profiles
Lead Contaminated Soil
EPA Role in Department of Defense Environmental
Restoration Program
Civil Judicial Enforcement Actions
Administrative Enforcement Actions
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REDELSGATION OF AUTHORITY
«
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY PCI (CERCLA)
R-14-6. Inspections, Sampling, Information Gathering, Subpoenas,
and Entry for Response
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act as amended (CERCLA), to enter any vessel, facility,
establishment, place, property or location for the purposes of inspections,
sampling, information gathering and response actions; to carry out inspections,
sanpling, and information gathering; to require the production of information
and documents; to issue subpoenas; to issue compliance orders for production
of information and documents; to issue compliance orders for entry and
inspection; to obtain and execute warrants to support this authority; and
to designate representatives of the Administrator to carry out inspections,
sampling, information gathering, and response actions.
2. TO frHOM REDELEGATED. The Director of the Office of Waste Programs
Enforcement (OWPE) and the Director of the Office of Emergency and Remedial
Response (OERR).
3. LIMITATIONS.
a. Authority for subpoenas and compliance orders is delegated only to the
Director, OWPE. Other authorities are delegated to the Director, OERR for
Fund-lead sites, and to the Director, OWPE for enforcement-lead sites.
b. The Director, OWPE must consult with the Assistant Administrator
for Enforcement and Compliance Monitoring, or his/her designee, prior to
issuing compliance orders regarding information gathering or compliance
orders for entry and inspection, or issuing subpoenas, unless or until such
consultation authority is waived by memorandum.
c. The Director, OWPE and the Director, OERR must consult with the
Assistant Administrator for Enforcement and Compliance Monitoring or his/her
designee prior to obtaining warrants.
d. The Director, OWPE and the Director, OERR must consult with the
appropriate Regional Administrator or his/her designee prior to exercising
these authorities.
4. ppr«TrHWB'DDN wraDRITY. This authority may be redelegated.
5. ADDIT3DBM. REFERENCES.
a. Sections 104(e), 109(a), 109(b) and 122(e) of CERCLA.
b. Delegation 14-6, "Inspections, Sampling, Information Gathering,
Subpoenas, and Entry for Response."
c. National Contingency Plan, 40 CFR 300.
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REDELEGATION OF AUTHORITY
«
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-7. Conbination of Noncontiguous Facilities for Response Purposes
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act, as attended (CERCLA), to treat two or more nonconti-
guous facilities that are related geographically or on the basis of threat
as one for purposes of response actions.
2. TO WHOM REDELEGATED. The Director of the Office of Emergency and Remedial
Response (OERR) and the Director of the Office of Waste Programs Enforcement
(OWPE).
3. LIMIT AT IONS. Authority is delegated to the Director, OERR for Fund-lead
sites and to the Director, OWPE for enforcement-lead sites.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(d)(4) of CERCLA.
b. Delegation 14-7, "Combination of Noncontiguous Facilities for
Response Purposes."
c. Guidance on combination of noncontiguous facilities can be found in
48 FR 40663 September 8, 1983 and 49 FR 37076 September 21, 1984.
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REDELEGATION OF AUTHORITY •*
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-3-A. Federal-Lead Studies and Investigations Related to Response Actions
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act as amended (CERCLA), to make determinations
as to the necessity and appropriateness of studies and investigations
necessary or appropriate to plan and direct response actions, with the
exception of actions authorized under Delegation 14-4-A, "State-Lead Studies
and Investigations Related to Remedial Actions," and to perform such studies
and investigations in consultation with the State.
2. TO WHOM REDELEGATED. The Director of the Office of Emergency and Remedial
Response (OERR) and the Director of the Office of Waste Programs Enforcement
(OWPE).
3. LIMITATTONS.
a. Authority is delegated to the Director, OERR for Fund-lead sites
and to the Director, OWPE for enforcement-lead sites.
b. This authority shall be exercised subject to the Administrator's
management accountability system, and may be exercised only at sites which
are contained in approved funding levels.
4. REDELEGATION AUTHORITY. This authority may redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Sections 104, 116, 117, and 121 of CEPCLA.
b. Delegation 14-8-A, "Federal-Lead Studies and Investigations Related
to Response Actions."
c. National Contingency Plan, 40 CFR 300.
d. State Participation in the Superfund Program, February 1984,
Volumes I and II, as amended.
e. Directives issued by the Assistant Administrator for Solid Waste and
Emergency Response.
f. Strategic Planning and Management System is the Administrator's
management accountability system.
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REDELEGATION OF AUTHORITY *
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-8-B. Studies and Investigations Related to Cost Recovery and Enforcement
Decisions; Special Notice
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act, as amended (CERCLA), to make determinations as to
the necessity and appropriateness of studies and investigations related to
the recovery of response costs and the enforcement of the provisions of
this Act, and to undertake such studies and investigations; and to make
decisions, determinations, findings, notifications and non-binding allocations
of responsibility under Section 122.
2 . TO frBOM REDELEGATED. The Director of the Office of Emergency and Remedial
Response (OERR) and the Director of the Office of Waste Programs Enforcement
(OWPE).
3. LIMITATIONS. Authority is delegated to the Director, OERR for Fund-lead
sites and to the Director, UWPE for enforcement-lead sites.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERJENCES.
a. Sections 104, 106, 107 and 122 of CERCLA.
b. Delegation 14-8-B, "Studies and Investigations Related to Cost
Recovery and Enforcement Decisions; Special Notice.41
c. All applicable Agency guidance and directives.
d. See Delegation 14-6 for issuance of Section 104(e) requests.
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REDELEEATION OF AUTHORITY
*
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-9. ' Claims Asserted Against the Fund
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act, as amended (CERCLA), to receive, evaluate, make
determinations and preauthorize claims asserted against the Hazardous Substance
Superfund. This authority is to include determining the amount of any awara,
authorizing payment, and making all other determinations necessary to process
such claims.
2. TO WHOM REDELEGATED. The Director of the Office of Emergency ana Remedial
Response (OERR).
3. LIMITATIONS. Consultation with the Director of the Office of Waste
Programs Enforcement is required on preauthorization involving potentially
responsible parties (PRPs).
4. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Sections lll(a), lll(e), 112, and 122 of CERCLA.
b. Delegation 14-9, "Claims Asserted Against the Fund."
c. National Contingency Plan, 40 CFR 300.
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REDELEGATION OF ALTTHORHY/
THE COMPREHfcJJSrVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-10-A. State Technical Assistance
1. ALTTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act, as anended (CERCLA), to provide to a State or
political subdivision acting on behalf of the Agency, technical assistance
in the administration and enforcement of any contract (or subcontract) cor
response actions.
2. TO WHOM REDELEGATED. The Director of the Office of Emergency and Remedial
Response (OERR) and the Director of the Office of Waste Programs Enforcement
(OWPE).
3. LIMITATIONS. Authority is delegated to the Director, OERR for Fund-lead
sites and to the Director, OWPE for enforcement-lead sites.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(d)(3) of CERCLA.
b. Delegation 14-10-A, "State Technical Assistance."
c. Directives issued by the Assistant Administrator for Solid Waste and
Emergency Response
d. State Participation in the Superfund Program, February, 1984, Volumes
I and II as amended.
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REDELEGATION OF AUTHORITY *
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE.
COMPENSATION AND LIABILITY ACT (CEBCLA)
ft-14-16. Demand Letters
1. ALTTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liaoility Act, as amended (CEPCLA), to prepare, sign and
issue demand letters to responsible parties.
2. TO hHOM REDELEGATED. The Director of the Office of Waste Programs
Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Sections 104, 106, 107, 1U9, 113, and 122 of CERCLA.
b. [Delegation 14-16, "Demand Letters."
c. All applicable Agency guidance and directives.
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REDELEGATION OF AUTHORITY
4
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-19. Contractor Indemnification
1. AI/THORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act, as amended (CERCLA), to approve the indemnification
of response action contractors. This authority is to include authorizing
payments.
2. TO WHOM REDELEGATED. The Director of the Office of Waste Programs Enforce-
ment (OWPE) and tne Director of the Office of Emergency and Remedial Response
(OERR).
3. LIMIT AT IONS. Authority to indemnify enforcement contractors is delegated
to the Director, OWPE. Consultation with the Director, OERR is required on the
decision to indemnify and concurrence by the Director, OERR is required on
authorization of payments (use of Pund monies). Authority to indemnify all
contractors doing work to support OERR remedial and removal program activities
is delegated to the Director, OERR.
4. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 119 of CERCLA.
b. Delegation 14-19, "Contractor Indemnification."
c. Delegation of contract award authority is covered in Delegation 1-2,
"Appointment of Designated Agency Procurement Executive," in Chapter 1 of the
Delegations Manual.
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*
*
REDELEGATION OP AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE.
COMPENSATION, AND LIABILITY. ACT (CERCLA)
R-14-21. Agreements with other Federal Agencies
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA): to consult with agencies",
departments, and instrumentalities regarding investigations and studies of
federal facilities conducted under section 120(e)(l); to review the plans for
and results of such investigations and studies; and to enter into an agreement
with the head of the department, agency or instrumentality for completion by
the department, agency or instrumentality of all necessary response actions
at the Federal facility.
2. TO WHOM REDELEGATED. The Director of the Office of Waste Programs Enforce-
ment (OWPE).
3. LIMITATIONS.
a. The Director, OWPE, must obtain the concurrence of the Assistant
Administrator for Enforcement and Compliance Monitoring or designee on agreements
under section 120 with other Federal departments, agencies, or instrumentalities
at sites where viable non-federal potentially responsible parties are identified.
b. In the signing of -such agreements, the level of the signing EPA
Headouarters official will be equivalent to the level of the co-signing party.
4. REDELEGATION AUTHORITY. The Director, OWPE may not redelegate authority
to enter into agreements for completion of remedial actions, and may not
redelegate other authorities below the Division Director level.
5. ADDITIONAL REFERENCES:
a. Section 120 of CERCLA
b. Delegrtion 14-21, "Agreements with other Federal Agencies."
c. Applicable Agency guidance and directives.
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REDELEGATION OF AUTHORITY «*
THE OOMPRBiEMSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-25. Notification of Trustees
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCLA), to notify appropriate
Federal and State natural resource trustees of potential damages to natural
resources resulting fron releases of hazardous substances, pollutants, or
contaminants, and to coordinate assessments, investigations, and planning
with such trustees. To notify these trustees of negotiations under section
122(j)(l) related to such release, and to receive notice of designation of
State trustees under section 107(f)(2)(b).
2. TO KHOM REDELEGATED. The Director of the Office of Waste Programs
Enforcement (OWPE) and the Director of the Office of Emergency ana Remedial
Response (OERR).
3. LIMIT AT IONS. Authority is delegated to the Director, OERR for Fund-lead
sites and to the Director, OWPE for enforcement-lead sites.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 104(b)(2), 107(f)(2)(B), and 122(j)(l) of CERCLA
b. Delegation 14-25, "Notification of Trustees."
c. Applicable Agency guidance and directives
d. National Contingency Plan, 40 CFR 300.
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REDELEGATION OF AUTHORITY ,
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
ODMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-27. Petitions for Reimbursement
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA), to receive, evaluate, and
make determinations regarding petitions for reimbursement of the costs of
abatement actions incurred in carrying out a section 106 order. This
authority includes authorizing payment.
2. TO KHOM REDELEGATED. The Director of the Office of.Waste Programs
Enforcement (OWPE).
3. LIMITATIONS. Concurrence of the Director of the Office of Emergency ana
Remedial Response is required on determinations and decisions regarding
authorizing payment (use of Fund monies).
4. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Section 106 of CERCLA.
b. Delegation 14-27, "Petitions for Reimbursement."
c. Applicable Agency guidance and directives.
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REDELEGATION OF ALTTHORJTY,
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-28. Federal Agency Hazardous Waste Compliance Docket
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA), to establish and maintain a
Federal Agency Hazardous Waste Compliance Docket.
2. TO WHOM REDELEGATED. The Director of the Office of Waste Programs
Enforcement.
3. REDELEGATION AITTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Section 120 of CERCLA.
b. Delegation 14-28, "Federal Agency Hazardous Waste Compliance Docket."
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REDELEGATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-30. Acquisition of Property
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCLA) :
a. To determine whether real property affected by a Federal- or State -
lead Fund-financed response shall be acquired;
b. To authorize the acquisition of appropriate interest in the real
property.
2. TO WHOM REDELEGATED. The authority in l.a is redelegated to the Director
of the Office of Emergency and Remedial Response (OERR). The authority in
l.b is redelegated to the Director, OERR with regard to EPA acquisitions
(and was delegated in Delegation 14-30 to Regional Administrators for
acquisitions under cooperative agreanents).
3. LIMITATIONS.
a. Before making a determination that real property shall De acquired
by EPA for response action, including a removal, remedial planning activity, or
rarjedial action, the Director, OERR must obtain the advance concurrence of
the General Counsel or his/her designee. The General Counsel or designee
may waive the advance concurrence requirement by memorandum.
b. Before EPA acquires an interest in real property for the purpose of a
response action, including a removal, remedial planning activity, or remedial
action, the Director, OERR must obtain the advance concurrence of the General
Counsel or his/her designee. The General Counsel or his/her designee may waive
the advance concurrence requirement by memorandum.
4. REDELEGATION AUTHORITY. The Director, OERR may redelegate authority to the
Division Director level.
5. ADDirnaL REFERENCES.
a. SKtion 104 of CERCLA.
b. Delegation 14-30, "Acquisition of Property."
c. 40 CFR Part 30, Federal Procurement Practices.
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REDELEEATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-36. Lead Contaminated Soil
1. ALfTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCLA), to designate one to
three different metropolitan areas and to allocate among them up to S15
million for pilot program for removal, decontamination, or other action
with respect to lead-contaminated soil.
2. TO WHOM REDELEGATED. The Director of the Office of Emergency and
Remedial Response (OERR).
3. REDELEGATION AUTHORITY. The Director, OERR may not redelegate this
authority.
4. ADDITIONAL REFERENCES.
a. Section lll(a) of CERCLA.
b. Delegation 14-36, "Laaa Contaminated Soil."
c. 40 CFR 30 and 40 CFR 33, EPA grant regulations.
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REDELEGATION OF AUTHORITY /
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-37. Re iinbursement to Local Governments
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liaoility Act, as amended (CERCLA), to receive, evaluate,
and make determinations regarding requests for reimbursement to local
community authorities for expenses incurred in carrying out temporary
emergency measures in response to releases or threatened releases of hazardous
substances, pollutants, or contaminants. This authority is to include
authorizing payment.
2. TO WHOM REPEL EG AT ED. The Director of the Office of Emergency ana Remedial
Response.
3. LIMITATIONS. During the five-fiscal-year period beginning October 1,
1986, not more than 0.1 percent of the total amount appropriated from the
Fund may be used for such reimbursements.
4. REDELEGATION AUTHORITY. This authority may be redelegated to the
Division Director level.
5. ADDITIONAL REFERENCES.
a. Sections llHcHll) and 123 of CERCLA.
b. Delegation 14-37, "Reimbursement to Local Governments."
c. Agency regulations on reimbursement to local governments for
temporary emergency measures.
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REDELEGATION OF AUTHORITY .*
SUPERFUND AMENDMENTS AND REAUTHbRIZATION ACT (SARA)
R-14-38. EPA Role in Department of Defense Environmental
Restoration Program
1. AUTHORITY.. Pursuant to Title 10, United States Code, Chapter 160, as
amended by Section 211 of the Superfund Amendments and Reauthorization Act
of 1986 (SARA).
a. To provide consultation .to the Secretary of Defense or his/her
designee(s) to carry out a program of environmental restoration at facili-
ties under his/her jurisdiction.
b. To provide cooperation and consultation to the Secretary of Defense
or his/her designee(s) to carry out a program of research, development and
demonstration with respect to hazardous wastes.
c. To receive and comment on notices of release and proposals for
response actions under Chapter 160, § 2705, Department of Defense environ-
mental restoration activities.
2. TO WHOM REDELEGATED. The authority in l.a and l.c is redelegated to
the Director of the Office of Waste Programs Enforcement (OWPE). The
authority in l.b is redelegated to the Director of the Office of Program
Management and Technology.
3. LIMITATIONS.
a. The Director, OWPE will consult with the Director of the Office or
Emergency and Remedial Response when exercising the above authorities.
b. The Office of Emergency and Remedial Response (OERR) will provide
consultation to the Department of Defense (coordinated with OWPE) on program
and project implementation with respect to OERR guidance doconents.
4. REDELEGATION AUTHORITY. The above authorities may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 211 of SARA.
b. Delegation 14-38, "EPA Role in Department of Defense Environmental
Restoration Program."
c. Title 10, United States Code, Chapter 160, Sections 2701, 2702,
2704, and 2705 ("Armed Forces, Environmental Restoration").
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REDELEGATION OF AUTHORITY
SOLID WASTE DISPOSAL ACT (5WDA)
R-8-33. Selection and Performance of Federal Corrective Actions
at Leaking Underground Storage Tanks
]. AUTHORITY. Pursuant to Subtitle I of the Solid Waste Disposal Act as
amended (SWDA), to determine the necessity of and to select Federal corrective
actions at leaking underground storage tanks containing petroleum, to enter
property and to perform such corrective actions.
2. TO WHOM REDELEGATED. The Director of the Office of Emergency and Remedial
Response.
3. LIMITATIONS. The Director, Office of Emergency and Remedial Response,
must obtain the advance concurrence of the Director, Office of Underground
Storage Tanks, and must consult with the Director, Office of Waste Programs
Enforcement.
4. REDELEGATION AUTHORITY. The Director, Office of Emergency and Remedial
Response/ may not redelegate this authority.
5. ADDITIONAL REFERENCES.
a. Superfund Removal directives.
b. Section 9005(a) of SWDA.
c. Section 9003(h) of SWDA.
d. Delegation 8-33, "Selection and Performance of Federal Corrective
Actions at Leaking Underground Storage Tanks."
e. UST corrective action procedures.
f. "Underground Storage Tank Corrective Action Technologies,"
EPV625/6-87-015, January 1987.
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REDELeEATION OF At/THORHY 4*
TITLE III OF THE SUPERFUND AMENDMENTS AND REAUTHORI2ATION ACT
(TITLE III of SARA)' ~~
"Emergency Planning and Connunity Right to Know Act"
R-22-3. Administrative Enforcement fictions
1. AUTHORITY. To take any administrative enforcement action under
Title III ot the Superfund Amendments and Reauthonzation Act (SARA)
including Out not limited to issuing compliance oraers, issuing warning
Letters or other notices, conducting hearings and representing the Agency
in such nearings, assessing and collecting penalties, and issuing suopoenas.
2. TO VflKX REDELSGATED. The Director of the Office of Waste Programs
Enforcement.
3. LIMITATIONS.
a. The Director, Office of Waste Program Enforcement (OWPE), may
exercise this authority only in regard to sections 302, 303, 304, 311, 312,
322, and 323 of Title III of SARA, and must notify the appropriate Regional
Administrator when exercising this authority.
b. The Director, OWPE must consult with the Assistant Administrator
for Enforcement and Compliance Monitoring or designee when conducting
hearings, representing the Agency at such hearings, and issuing subpoenas,
unless such consultation is waived by memorandum.
4. REDELEGATION AinHDRTTY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Title III of SARA, Section 325.
b. Delegation 22-3, "Administrative Enforcement Actions."
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REDELEGATION OF AUTHORITY/
TITLE III OF THE SUPERFUND AMENDMENTS AND REAUTHORI2AT ION ACT
(TITLE III OF SARA)'
"Emergency Planning and Community Right to Know Act"
R-22-7. Trade Secrets
1. AUTHORITY. Pursuant to section 322 of Title III of the Supert-and
Amendments and Reauthorization Act (SARA):
a. To receive trade secret information under section 322(a) of SARA.
b. To accept petitions for disclosure of trade secret information and
to make determinations regarding sufficiency of substantiations and regarding
trade secrecy under section 322(d).
2. TO VvHOM REDELEGATED. The authority in paragraphs l.a and l.b is
redelegated to the Director of the Preparedness Staff with regard to sections
303, 311, and 312 of Title III of SARA.
3. LIMIT AT IONS. The Director, Preparedness Staff will consult with
Regional Administrators when exercising this authority, as needed on a
site-specific basis.
4. REDELEGATION AUTHORITY. This authority may not be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 322 of SARA.
b. Delegation 22-7, 'Trade Secrets."
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Attachment 3
REDELSGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-J4-1-A. Selection and Performance of Removal Actions
Costing Up to $2,000,000
1. AUTHORITY. To concur with Regional Administrators' decisions prior to
initiation of a removal action at non-NPL sites where the proposed action is
on the List of Nationally Significant or Precedent-Setting Removal Action
Categories.
2. DESIGNEE. The Director of the Office of Emergency and Remedial
Response.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. LIMITATIONS. The Director of the Office of Emergency and Remedial
Response may exercise this authority only with regard to concurrences. The
authority to nonconcur is retained by the Assistant Administrator for Solid
Waste and Emergency Response or designee.
5. ADDITIONAL REFERENCES.
a. Sections ]04, 12J(d), and 12](e) of CERCLA.
b. Delegation 14-1-A, "Selection and Performance of Removal Actions
Costing Up to ?2,000,000."
c. National Contingency Plan, 40 CFR 300.
d. Superfund Removal directives.
e. The $2,000,000 limit includes all extramural costs and Heado^iarters
and Regional intramural costs, except for Section 104(b) studies and all
enforcement
f. List of Nationally Significant or Precedent-Setting Removal
Categories*
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REDELEGATION OF AUTHORITY ,Tb
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-10-B. State Legal Assistance
1. AUTHORITY. To receive notice from the Assistant Administrator for
Enforcement and Compliance Monitoring (AA/OECM) or designee before the
AA/OECM or designee exercises the authority to provide to a State or political
subdivision acting on behalf ot the Agency, legal assistance in the
administration and enforcement of any contract (or subcontract) for response
actions, and before the AA/UECM exercises the authority to request the
Attorney General to intervene in any civil actions involving the enforcement
of such contract or subcontract.
2. DESIGNEE. The Director of the Office of Emergency and Remedial Response
and the Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Section 104(d)(3) of CERCLA.
b. Delegation 14--10-B, "State Legal Assistance."
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REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-12. Civil Judicial Enforcement Actions
1. AUTHORITY. To receive notice from the Assistant Administrator for
Enforcement and Compliance Monitoring or designee when a civil enforcement
case is referred to the Attorney General and when an appeal is formally
initiated under Delegation 14-12.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Memorandum of Understanding between the Agency and the Department
of Justice.
b. Sections 104, 106, 107, 109, and 122 of CERCLA.
c. Delegation 14-12, "Civil Judicial Enforcement Actions."
d. See delegation 14-13-C, entitled "Emergency TROs," for Regional
Administrators' authority to make direct referrals of requests for emergency
CERCLA Temporary Restraining Orders.
e. All applicable Agency guidance and directives.
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REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-13-C. Emergency TPDs
1. AUTHORITY. To receive notice from the Assistant Administrator for
Enforcement and Compliance Monitoring or delegatee and Regional Administrators
when requests for emergency Temporary Restraining Orders are referred to the
Attorney General.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Memorandum of Understanding between the Agency and the Department
of Justice.
b. Sections 106(a), 106(b) and 107 of CERCLA.
c. Delegation 14-13-C, "Emergency TROs."
d. For referral of other civil actions under CERCLA, see Delegation
14-12, "Civil Judicial Enforcement Actions."
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REDELEGATION OF AUTHORITY TJD
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ATT (CERCLA)
R-14-14-A. Determinations of Imminent and Substantial Endangerment
1. AUTHORITY. To consult with Regional Administrators on determinations of
imminent and substantial endangerment to public health or welfare or the
environment.
2. DESIGNEE. The Director, Office of Waste Programs Enforcement (OWPE).
3. LIMITATIONS. The Director of the Office of Emergency and Remedial
Response must be notified when such consultation occurs.
4. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 106(a) of CERCLA.
b. Delegation 14-14-A, "Determinations of Imminent and Substantial
Endangerment."
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REDELEEATION OF AUTHORITY JO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-14-B. Administrative Actions Through Unilateral Orders
1. AUTHORITY. To consult with Regional Administrators on their administra-
tive actions, including, but not limited to, their issuance of such unilateral
orders as may be necessary to protect public health and welfare and the
environment, under Delegation 14-14-B.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. LIMIT AT IONS. The Director of the Office of Emergency and Remedial
Response must be notified when such consultation occurs.
4. REPEL EGAT ION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Sections 104, 106, and 122 of CERCLA.
b. Delegation 14-14-B, "Administrative Actions Through Unilateral
Orders."
c. Applicable Agency guidance and OSWER directives.
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PEDELEGATICN OP AUTHORITY TO
EXERCISE'CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-14-C. Administrative Actions Through Consent Orders
1. AUTHORITY. To exercise advance concurrence on Regional Administrators'
administrative actions, including, but not limited to, the issuance of consent
orders, under Delegation 14-14-C, and to waive such advance concurrence by
memorandum.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. LIMITATIONS. The Director of the Office of Waste Programs Enforcement
may exercise this authority only with regard to concurrences. The authority
to nonconcur is retained by the Assistant Administrator for Solid Waste and
Emergency Response designee.
5. ADDITIONAL REFERENCES.
a. Sections 104,__106,. and J.22-of CERCLA. ~ "
b. Delegation 14-14-C, "Administrative Actions Through Consent Orders."
c. All applicable Agency guidance and directives.
d. Authority to enter into or exercise Agency concurrence authority
for non-judicial cost recovery agreements or administrative orders is
delegated in 14-14-D, "Cost Recovery Non-Judicial Agreements and Administrative
Consent Orders."
e. Authority to enter into or exercise Agency concurrence authority in
de minimia Mttlanents under CERCLA Section 122(g) is delegated in Delegation
14-14-E, "D» Btniais Settlements.•
f. Memorandum dated February 2, 1984 from Lee Thomas to Regional
Administrators on waiver of advance Headquarters' concurrence on some
Administrative orders.
g. Memorandum dated January 3, 1985 from Gene Lucero to Regional
Administrators on waiver of advance concurrence requirements for certain
consent administrative orders.
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REDELEGATION OF AUTHORITY T
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL 'RESPONSE.
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-14-D. Cost Recovery Non-Judicial Agreements and Administrative
Consent Orders
1. AUTHORITY. To consult with Regional Administrators on settlements
under Delegation 14-14-D where the total response costs at the facility
exceed $500,000 (excluding interest) and the settlement compromises a claim
of the United States, and to waive such consultation by memorandun.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Sections 104, 107, and 122 of CERCLA.
b. Delegation 14-14-D, "Cost Recovery Non-Judicial Agreements and
Administrative Consent Orders."
c. All applicable Agency guidance and directives.
d. Authority to enter consent orders for administrative actions is
delegated in 14-14-C, "Administrative Actions Through Consent Orders."
e. Authority to enter into or exercise Agency concurrence authority in
de minimis settlements under CERCLA Section 122(g) is delegated in Delegation
14-14-E, "De Minimis Settlements."
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REDELSJATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-18-A. Alternative Treatment Technology Research,
Development, Demonstration, and Training
1. AUTHORITY. To concur in advance on the decision of the Assistant
Administrator for Research an<1 Development or delegatee to undertake
technology demonstrations.
2. DESIGNEE. The Director of the Office of Program Management and
Technology (OPMT).
3. LIMITATIONS. The Director, OPMT will consult with the Director of
the Office of Emergency and Remedial Response before exercising the above
authority.
4. REPELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 311(b) of CERCLA.
b. Delegation 14-18-A, "Alternative Treatment Technology Research,
Development, Demonstration, and Training
c. SITE Program Strategy.
d. SITE Program Operations Plan.
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REDELEEATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-24. Grants for Technical Assistance
1. AUTHORITY. To exercise advance concurrence on Regional Administrators'
waiver of the limit of 550,000 per grant recipient under CERCLA section 117(e)(2),
and to waive such advance concurrence by memorandum.
2. DESIGNEE. The Director of the Office of Emergency and Remedial Response.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Section 117(e) of CERCLA.
b. Delegation 14-24, "Grants for Technical Assistance."
c. Agency grant regulations, 40 CFR 30 and 40 CFR 33.
d. Agency regulations under section 117(e).
e. The authority to execute assistance agreements is delegated in
Delegation 1-14.
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OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-26. Federal Lien
1. AUTHORITY. To receive notice from Regional Administrators when they
file notice and assert Federal and maritime liens under Delegation 14-26.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Sections 107(1) and (m) of CERCLA.
b. Delegation 14-26, "Federal Lien."
c. Delegation 14-12, "Civil Judicial Enforcement Actions."
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REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-30. Acquisition of Property
1. AUTHORITY. To exercise advance concurrence on Regional AJministrators1
determination that real property affected by a Federal- or State-lead
Pond-financed response (including a ranoval, remedial planning activity, or
remedial action) shall be acquired, and to exercise advance concurrence on
Regional Administrators' authorization of property acquisition through a
cooperative agreement for response action. To waive such advance concurrence
by manorand'jn.
2. DESIGNEE. The Director of the Office of Emergency and Remedial Response.
3. LIMITATIONS. Consultation required with the General Counsel, whose advance
concurrence with Regional Administrators is also required.
4. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 104 of CERCLA.
• b. Delegation 14-30, "Acquisition of Property."
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REDELET3ATION OF AUTHORITY TO*
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE tCTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-31. Administrative Penalty Actions
1. AUTHORITY. To receive notice from Regional Administrators of determina-
tions of violations under CERCLA section 109, assessment of penalties, issuance
of notices, orders or complaints, and the negotiation and signing of consent
orders of settlements under section 109 between the Agency and respondents.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. All applicable Agency guidance and directives.
b. Delegation 14-31, "Administrative Penalty Actions."
c. Section 109 of CERCLA.
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REDELEGATJON OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-35. List of Hazardous Substances and Toxlcological Profiles
1. AUTHORITY. To consult with Assistant Administrator for Pesticides and
Toxic Substances or delegatee when preparing or revising the list of
hazardous substances and when developing guidelines for the development of
toxicological profiles for such substances under Delegation 14-35.
2. DESIGNEE. The Director of the Office of Emergency and Remedial Response.
3. REDELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Sections 104(i)(2) and (3) of CERCLA.
b. Delegation 14-35, "List of Hazardous Substances and Toxicological
Profiles."
*[Note that CERCLA section 104(j) is printed in the middle, of Section-
-104(i). Sections 104(i)(2) and (3) can be found on pages 24-25 of
Senate Print 99-217, "The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (Superfund) (P.L. 96-510), as
amended by the Superfund Amendments and Reauthorization Act of 1986
(P.L. 99-499)," December 1986.]
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REDELEGATION OF AUTHORITY TQ
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ATT (CERCLA)
R-14-36. Lead Contaminated Soil
1. AUTHORITY. To exercise concurrence in advance of Regional Administrators'
award of grants or cooperative agreement to a State, local government, or
other recipient to carry out a pilot program for removal, decontamination,
or other action with respect to lead-contaminated soil.
2. DESIGNEE. The Director of the Office of Emergency and Remedial
Response (OERR).
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Section lll(a) of CERCLA.
b. Delegation 14-36, "Lead Contaminated Soil."
c. 40 CFR 30 and 40 CFR 33, EPA grant regulations.
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REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA)
R-14-38. EPA Role in Department of Defense Environmental
Restoration Program
1. AUTHORITY. To consult with the Assistant Administrator for Research
and Development or delegatee when consultation is provided to the Secretary
of Defense to carry out a program of research, development and demonstration
with respect to hazardous wastes.
2. DESIGNEE. The Director of the Office of Program Management and
Technology.
3. REDELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Section 211 of SARA.
b. Delegation 14-38, "EPA Role in Department of Defense Environmental
Restoration Program."
c. Title 10, United States Code, Chapter 160, Sections 2701, 2702,
2704, and 2705 ("Armed Forces, Environmental Restoration").
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REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSUL!
OR TO RECEIVE NOTICE
TITLE III OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ATT
(TITLE III of SARA)
"Emergency Planning and Conn-unity Right to Know Act"
R-22-1. Civil Judicial Enforcement Actions
1. AUTHORITY. To receive notice fron the Assistant Administrator for
Enforcsnent and Compliance Monitoring (AA/OECM) or delegatee when the Attorney
General is requested to appear and represent the Agency in any civil enforce-
ment action or to intervene in any civil enforcement action pursuant to Title
III of the Superfund Amendments and Reauthorization Act (SARA); to receive
notice from the AA/OECM when the Attorney General is requested to decline
to prosecute a previously referred civil enforcement action, and when the
Attorney General is requested to initiate an appeal and represent the Agency
in such an appeal.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcsnent.
3. REDELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Title III of SARA, Section 325.
b. Delegation 22-1, "Civil Judicial Enforcement Action."
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REDELS3ATION OF AL/THORITY TO
EXERCISE CONCURRENCE, TO CONSULl
OR TO RBCEIVE NOTICE
TITLE III OF THE SUPERFUND AMENDMENTS AND REAUTHORI2ATION ACT
(TITLE III of SARA)
"Emergency Planning and Connunity Right to Know Act"
R-22-3. Administrative Enforcement Actions
1. AUTHORITY. To consult with Regional Administrators in advance of
their exercising administrative enforcement authority -under SARA Title III,
Sections 302, 303, 304, 311, 312, 322, and 323; and to waive such advance
consultation by memorandum.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Title III SARA, Section 325.
b. Delegation 22-3, "Administrative Enforcement Actions."
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