United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication: 9360.0-12FS
November 1990
Exemptions From the Statutory
Limits on Removal Actions
Office at Emergency and Remedial Response
Emergency Response Division OS-210
Quick Reference Fact Sheet
CERCLA section 104(c) provides two exemptions from the statutory time and dollar limits on removal actions.
The "emergency" exemption may be obtained when a response action is immediately required to protect public health
or welfare or the environment, and when no oilier assistance will be provided on a limely basis. The "consistency"
exemption, added by SARA in 1986, may be obtained when further response actions are appropriate and consistent.
Section 104(c) of CERCLA provides two
exemptions from the statutory lime and dollar limits on
removal actions. The first is the "emergency"
exemption. The second, added by SARA in 1986, is
the "consistency" exemption.
To obtain an exemption from the S2 million or
12 month limitation, the site must meet the underlined
statutory requirements in either (a) or (b) listed below.
The AA, OSWER retains the authority to approve
requests for exemption from the 52 million limit. RAs
may approve requests for exemption from the 12-
month time limit.
(a) Emergency Exemptions
(i) Continued response actions are immediately
required to prevent, limit or mitigate an
emergency;
(ii) There is an immediate risk to public health or
welfare or the environment: and
(iii) Such assistance will not otherwise be provided
on a timely basis.
• The action memo requesting an "emergency"
exemption must contain an evaluation of the
nature of the immediate threat, including
hazardous substances involved and estimates of
the amounts; human populations and
environmental resources threatened and the
nature of that threat; and the degree of threat
involved.
(b) Consistency Exemptions
Continued response actions are otherwise
appropriate and consistent with remedial action to
be taken.
• According to OSWER Directive 9360.0-12A,
(June 12, 1989), use of this exemption is
"appropriate' in four situations:
1. to avoid a foreseeable threat;
2. to prevent further migration of contaminants;
3. to use alternatives to land disposal; or
4. to comply with the Off-Site Policy.
• The Directive states that an action is "consistent"
if it contributes in some positive way to the
remedial action to be taken or, at a minimum, does
not hinder or interfere with future remedial
actions.
• The action memo requesting approval of the
•consistency* exemption must specifically cite the
new exemption criterion and document how it is
met at the site, addressing both its consistency and
its appropriateness.
• This exemption will be used primarily at NPL sites
and only in limited circumstances at non-NPL sites.
For more information please call Elizabeth Zcllcr
in the Emergency Response Division at (202) 382-7735
or see the Superfur.c! Removal Procedures Manual -
Action Memorandum Guidance, OSWER Directive
9360.3-01 (September 26, 1990).
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REPORT DOCUMENTATION PAGE
Form Approved
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1. AGENCY USE ONLY (Leive blink)
2. REPORT OAH
November 1990
3. REPORT TYPE AND DATES COVERED
Fact Sheet - Nov. 1990
4. TITLE AND SUBTITLE
Exemptions from the Statutory Limits on Removal Actions
9360.0-12FS
6. AUTHOR(S)
U.S. EPA
S. FUNDING NUMBERS
7. PERFORMING.ORGANIZATION NAME(S) AND AOORESS(ES)
U. S. Environmental Protection Agency
Office of Solid Waste and Emergency Response
401 M Street, SW
Washington, DC 20460
6. PERFORMING ORGANIZATION
REPORT NUMBER
9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES)
U.S. Environmental Protection Agency
Office of Emergency and Remedial Response
401 M Street, SW
Washington, DC 20460
10. SPONSORING/MONITORING
AGENCY REPORT NUMBER
11. SUPPLEMENTARY NOTES
12a. DISTRIBUTION /AVAILABILITY STATEMENT
U.b. DISTRIBUTION CODE
13. ABSTRACT (Maximum 200 words)
Summarizes two exemptions from the statutory time and dollar limits on removal
actions provided for in section 104(c) of CERCLA. The first is the "emergency1
exemption for when a response action is immediately required to protect
public health or welfare or the environment. The second is the "consistency"
exemption for when further response actions are appropriate and consistent.
14. SUBJECT TERMS
Superfund Document
IS. NUMBER OF PAGES
16. PRICE CODE
17. SECURITY CLASSIFICATION
OF REPORT
18. SECURITY CLASSIFICATION
19. SECURITY CLASSIFICATION
20. LIMITATION OF ABSTRACT
Standard form 298 <««ev 2-89)
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