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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 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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