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              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C.  20460
                              JUN 3
                                                       OFFICE OF

                                              SOLIDWASTE AND EMERGENCY RESPONSE
                                          Directive 9360.2-04A
 MEMORANDUM
 SUBJECT:  Clarification of Delegation to Apprgj/e Consistency
           Exemptions at NPL Sites
 FROM
TO
          Henry L. Longest II, L/irector
          Office of Emergency and Remedi
                                               \
                                            Response
           Director, Waste Management Division
             Regions I, IV, V, and VII
           Director, Emergency and Remedial Response Division
             Region II
           Director, Hazardous Waste Management Division
             Regions III,  VI, VIII and IX
           Director, Hazardous Waste Division
             Region X
                              «^> ^ 1  O ***
             Regions I,  VI,  and VII
 PURPOSE
      The purpose of this directive is to clarify Regional
 authority to approve exemptions from the $2 million statutory
 limit on Super fund removal actions.
      On February 24,  1992,  Don Clay delegated to Regional
 Administrators the authority to approve $2 million removal
 exemptions,  using the consistency waiver,  at proposed and  final
 National Priorities List (NPL) sites (OSWER Directive 9360.2-04).
 This was done to decrease the time required for processing
 exemptions and to allow Regions greater flexibility in determin-
 ing how NPL sites will be addressed.  This delegation fits  well
 with our effort to implement the Superfund Accelerated Cleanup
 Model and expedite cleanups at NPL sites.

      In fact, several Regions already have been able to make good
 use of this new authority.   So far, the procass appears to  be
 working well.  In one case, however, a problem did arise.   A
 Regional Administrator approved an exemption action memorandum,
 which established a substantial new removal action ceiling.

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Subsequently, the Region  requested  a  multi-million dollar
allowance  increase to cover the costs of  the  action.  This put my
office  in  the awkward position  of quickly having to  find signifi-
cant additional  funds so  a Regional commitment  could be kept.
The program cannot afford to operate  in this  fashion.  We need to
work together to preclude such  problems in the  future.

OBJECTIVE

     In order for this delegation to  be exercised properly,
Regional program staff must assure  the Regional Administrator
that funding for the response is available.

IMPLEMENTATION

     Before a Regional Administrator  approves any exemption
request, the program staff should arrange for the necessary
funding.  Generally, the  funding should already be in the
Region's current or expected advice of allowance.  If ah action
will require additional funding, the  Region must work through the
normal request process and arrange  for an allowance  increase
prior to the action memorandum being  signed.  This will ensure
that no commitments are made or expectations established that
cannot be met.   I ask your cooperation in seeing that all such
removal actions  are adequately planned and coordinated in
advance.
cc:  D. Clay
     R. Guimond
     T. Fields
     B. Diamond
     D. Dietrich
     J. Clifford
     E. Salo
     Removal Managers, Regions I-X
     Superfund Branch Chiefs, Regions I-X

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