&EPA United States Environmental Protection Agency Office of Solid Waste and Emergency Response DIRECTIVE NUMBER: 9260.2-00 TITLE: Delegations of Authority Under the Conprehensive Environmental Response, Cbnpensation, and Liability Act (CERCLA) APPROVAL DATE: April 1984 except where noted EFFECTIVE DATE: April 1984 except where noted ORIGINATING OFFICE: OERR S FINAL D DRAFT STATUS: REFERENCE (other documents): This document contains all delegations of authority issued under CERCIA. Each delegation carries a separate directive number that identifies it as an oficial policy issuance. Each delegation should be referred to or cited by its official delegation nuntoer and/or title, not the directive OS WER OS WER OS WER /£ DIRECTIVE DIRECTIVE D ------- A EPA United Slates Environmental Protection Agency Washington, DC 20460 OSWER Directive Initiation Request 1. Directive Number 9260.2-00 2. Originator Information Name of Contact Person OERR/PAS Mail Code WH 548-D Office OERR/PAS Telephone Number (202) 382-2182 3. Title ' i ma Delegations of Authority Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA 4. Summary of Directive (Include brief statement of purpose! Contains all delegations of authority issued under CERCLA, 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 number and/or title, not by its directive number. 5. Keywords Superfund, CERCLA, Delegations of Authority 6a. Does this Directive Supersede Previous Directives)? | ] Yes [3pNo What directive (number, title) b. Does It Supplement Previous Directives)? Q Yes | frftlo What Directive (number, title) 7..Draft Level DA — Signed by AA/OAA O B — Signed by Office Director DC- For Review & Comment Din Development This Request Meets OSWER Directives System Format 8. Signature of Lead Office Directives Coordinator Date 9. Name and Title of Approving Official The Administrator Date 4/84, unless noted otherwise OS WER OS WER OS WER DIRECTIVE DIRECTIVE ------- OSWER Directive 9260.2-00 Delegations of Authority Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Effective April 1984 except where noted This document contains all delegations of authority issued under CERCLA. Each delegation carries a separate directive number that identifies it as an oficial policy issuance. Each delegation should be referred to or cited 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 ------- 9260.2-00 CERCLA DELEGATIONS OF AUTHORITY - Index and Crosswalk Directive number^ _ 9260.2-01-A 9250.2-01-B 9260.2-02 9260.2-04-A 9260.2-04-B 9260.2-04-C 9260.2-05 9260.2-06 9260.2-07 9260.2-03-A 9260.2-08-3 9260.2-09 9260.2-10-A 9260.2-10-B 9260.2-11 9260.2-12 Delegation number'; 14-1-A 14-1-B 14-2 14-4-A 14-4-B 14-4-C 14-5 14-6 14-7 14-8-A 14-8-B 14-9 14-10-A 14-10-B 14-11 14-12 Delegation title Selection and Performance of Removal Actions Costing Up to $1,000,000 (4/16/84) Superfund State Contracts and Cooperative Agree meats for Removal Actions (4/16/84) Extended Removal Actions (4/16/84) Planning Remedial Actions (4/16/84) Selection of Initial Remedial Measures (4/16/84) State Contracts and Cooperative Agreements for Remedial Actions (4/16/84) Selection of Remedial Actions (3/3/85) (Supercedes same delegation of 4/16/84) Inspections and Information Gathering (4/16/84) Combination of Noncontiguous Facilities for Response Purposes (4/16/84) Studies and Investigations: Response Actions (4/16/84) Studies and Investigations: Cost Recovery and Enforcement Decisions (4/16/84) Claims Asserted Against the Fund (4/16/84) State Technical Assistance (4/16/84) State Legal Assistance (4/16/84) Credit for State Expenditure (4/16/84) Civil Judicial Enforcement Actions (4/16/84) 9260.2-13-A 14-13-A Criminal Enforcement Actions (4/16/84) ------- -2- 9260.2-00 CERCLA DELEGATIONS: Index and Crosswalk - Cont'd Directive number Delegation number 9260.2-13-B 14-13-B 9260.2-13-C 9260.2-14-A 9260.2-14-B 9260.2-14-C 9260.2-15 9260.2-16 9260.2-17 14-13-C 14-14-A 14-14-3 14-14-C 14-15 14-16 14-17 Delegation title Settlement or Concurrence in Settlement of Civil Judicial Actions (4/16/34) Emergency TRO's (4/16/34) Determinations of Imminent and Substantial Endangerment (4/16/84) Abatement Actions Through Unilateral Orders (4/16/84) Abatement Actions Through Consent Orders (4/16/34) Guidelines for Use of Imminent Hazard, Enforcement, and Emergency Response Authorities (4/16/84) Demand Letters for Recovering Trust Fund Expenditures (3/20/85) National Priorities List (8/22/85) ------- OSWER Directive 9260.2-01-A THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CESCLA) ' 14-1-A. Selection and Performance of Removal Actions Costing Up to $1,000,000. 1. AUTHORITY. Pursuant to the Conprehensive Environmental Response, Conpen- sation, and Liability Act (CERCLA), to determine the necessity of and to select and perform removal actions costing up to $1,000,000: a. Where the action is expected to last up to six months; b. Where the action is expected to last mote than six months; and c. Where the action was expected to last up to six months, but requires continuation. 2. TO WHOM DELEGATED. Regional Administrators. 3. LIMITATIONS. a. Removal actions will not continue after $1,000,000 has been obligated, unless authorized to continue under Delegation 14-2, "Removal Actions Costing" Over $1,000,000 and Continued Removal Actions after Obligations of $1,000,000." b. This authority shall be exercised subject to directives issued by the Assistant Administrator for Solid Waste and Emergency Response. 4. REDELEGATION AUTHORITY. The authority in l.a may be redelegated to the Division Director level. The authority in l.a and 1 .b may be redelegated to On-Scene Coordinators (On-Scene Coordinators are limited to the approval of removal actions costing up to $50,000 in total). The authority in l.a and l.b may not be further redelegated. The authority in l.c may not be redelegated. 5. ADDITIONAL REFERENCES. a. Section l-04(a) of CERCLA. b. Section 104(c)(l) of CERCLA. c. National Contingency Plan (40 CFR 300.65 and 300.67) . d. Superfund Removal directives. e. The $1,000,000 limit includes all extramural costs and Headquarters and Regional intramural costs, except for all enforcement costs. ------- OSWER Directive 9260.2-01-3 DELEGATIONS APR 1 6 1984 THE COMPREHENSIVE ENVIIPNMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-1-B. Superfund State Contracts and Cooperative Agreements for Removal Actions 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen- sation and Liability Act (CERCLA), based on a determination that a State or political subdivision is capable of carrying out response actions, to enter into a contract or cooperative agreement, as appropriate, with such State or political subdivision to provide for the performance of removal actions and to obtain the necessary assurances for such removal actions. 2. TO WHOM DELEGATED. Regional Administrators. 3. LIMITATIONS. a. This authority shall he exercised subject to directives issued by the Assistant Administrator for Solid Waste and Emergency Response. b. The authority to enter into a contract with States, for the purpose of this delegation, does not extend to procurement contracts. 4. REDELEGATION AOTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. a. Section 104(d)(l) of CERCLA requires a determination of a State's capabilities and authorizes contracts or cooperative agreements. b. Section 300.67 (b)(4) of the National Contingency Plan requires that the States make certain assurances for "Planned Removals." c. Superfund Removal directives. d. Procurement contracts are limited by the Chapter 1 delegation entitled "Appointment of Designated Agency Procurement Executive." ------- OSWER Directive 9260.2-02 TELEGATTONS A?K 1 6 1984 THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) ' 14-2. Removal Actions Initially Costing Over $1,000,000 and Continued Removal Actions after Obligations of $1,000,000 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen- sation and Liability Act (CERCLA), to determine the necessity of and to select and perform removal actions costing over $1,000,000 and to authorize removal actions to continue after $1,000,000 has been .obligated. 2. TO frMOM DELEGATED. Assistant Administrator for Solid Waste and Emergency Response. 3. REDELEGATICN AUTHORITY. This authority may be redelegated. 4. ADDITIONAL REFERENCES. a. Section 104(c)(l) of CERCLA. b. National Contingency Plan (40 CFR 300.65 and 300.67). c. Superfund Removal directives. ------- OSWER Directive 9260.2-04-A CEUCAT:oe THE COMPREHENSIVE ENVIRCWEOTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-4-A. Planning Remedial Actions 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen- sation, and Liability Act (CERCLA), based on a determination that a State or political subdivision is capable of planning a remedial action, to enter into a cooperative agreement to perform such planning; to initiate remedial .planning with the State's concurrence. 2. TO WHOM DELEGATED. Regional Administrators. 3. LIMITATIONS. Thj.s authority shall be exercised subject to the Administrator's management accountability system, approved funding levels, and directives issued by the Assistant Administrator for Solid Waste and Emergency Response. 4. REDELEGATION AUTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. a. Section 104(d)(l) of CERCLA authorizes EPA to enter into an agreement with States or political subdivisions to perform remedial planning. b. Section 104(b) authorizes EPA to undertake necessary remedial planning. c. Strategic Planning and tanagement System is the Administrator's management account ability system. ------- OSWER Directive 9260.2-04-3 DELEGATIONS APfv 1 6 1984 THE COMPREHENSIVE ENVIROWEOTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-4-B. Selection of Initial Remedial Measures 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen- sation, and Liability Act (CERCLA), to determine the necessity of and to select the appropriate "Initial Remedial Measure." 2. TO WHOM DELEGATED. Regional Administrators. 3. LIMITATIONS. This authority shall be exercised subject to the Ajministrator's management accountability system, approved funding levels, and directives issued by the Assistant Administrator for Solid Waste and Emergency Response. 4. REDELEGATION AUTHORITY. This authority may not be redelegated. 5. ADDITIONAL REFERENCES. a. Section 104(a) and 104(c) of CERCIA. b. Section 101(24) of CERCLA. c. National Contingency Plan (40 CFR 300.68). d. Strategic Planning and Management System is the Administrator's management accountability system. ------- OSWER Directive 9260.2-04-C DELEGATIONS AKK 1 6 THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-4-C. Superfund State Contracts and Cooperative Agreements to Implement and Perform Remedial Actions 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen- sation, and Liability Act (CERCLA), to consult with the affected State in the selection of appropriate remedial action; to obtain the necessary assurances for remedial actions; based on a determination that a State or political sub- division is capable of carrying out a remedial action, to enter into a cooperative agreement with such States to perform remedial actions; and to enter into a contract with such State or political subdivision in which EPA will perform the remedial action. 2. TO WHCM DELEGATED. Regional Administrators. 3. LIMITATIONS. a. This authority shall be exercised in accordance with Delegation 14-4-B and Delegation 14-5. b. The authority to enter into a contract with States, for the purpose of this delegation, does not extend to procurement contracts. c. This authority shall be exercised subject to the Administrator's manage- ment accountability system, approved funding levels, and directives issued by the Assistant Administrator for Solid Waste and Emergency Response. 4. REDELEGATICN ALTTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. a. Section 104(a) of CERCLA authorizes EPA to perform remedial actions. b. Section 104(d)(l) of CERCLA authorizes EPA to enter into an agreement with States or political subdivisions to perform remedial actions. c. Section 104(c)(3) of CERCLA requires that the States make certain assurances for ratedial actions. d. "State Participation in the Superfund Remedial Program," February, 1984. e. Procurement contracts are limited by the Chapter 1 delegation entitled "Appointment of Designated Agency Procurement Executive." f. Strategic Planning and Management System is the Administrator's management accountability system. ------- OSWER Directive 9260.2-05 DELEGATIONS 3/3/85 THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCIA) 14-5. Selection of Remedial Actions 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): to determine the necessity of and to select the appropriate remedial action, except as provided in the Delegation 14-4-B, "Selection of Initial Remedial Measures." 2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency Response (AA-OSWER) and Regional Administrators. 3. LIMITATIONS. Regional Administrators may excercise this authority for sites or particular operable units at a site within their Regions listed in the Remedy Delegation Report issued periodically by the AA-OSWER. 4. REDELBGATION AUTHORITY. The AA-OSWER may redelegate this authority. The Regional Administrator may not redelegate this authority. 5. ADDITIONAL REFERENCES. a. Section 104(a) and 104(c) of CERCLA. b. Section 101(24) of CERCLA. c. National Contingency Plan (40 CFR 300.68). d. Guidance on delegation of selection of remedy authority. ------- OSWER Directive 9260.2-06 DELEGATIONS APR 16 1984 THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCIA) 14-6. Inspections and Information Gathering 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen- sation, and Liability Act (CERCLA): a. To enter any establishment or other place where hazardous substances are or have been generated, stored, treated, disposed of, transported from, or otherwise handled; b. To inspect, obtain samples fron, obtain copies of records fron, and request the furnishing of information from any person responsible for an establishment or other place specified in paragraph l.a; c. To obtain and execute warrants for the purpose of performing an inspection or conducting information-gathering; d. To carry out or require the carrying out of any other inspection and information-gathering activities authorized by CERCLA; and e. To designate representatives of the Administrator to perform the functions specified in paragraphs l.a - l.d; 2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency Response, Assistant Administrator for Enforcement and Compliance Monitoring, and Regional Administrators. 3. LIMITATIONS. a. The Assistant Administrator for Solid Waste and Emergency Response must consult with the Assistant Administrator for Enforcement and Compliance Monitoring or his/her designee prior to obtaining warrants. b. The Assistant Administrator for Enforcement and Compliance Monitoring and the Assistant Administrator for Solid Waste and Emergency Response must notify the appropriate Regional Administrator prior to exercising the authorities specified in paragraphs l.a - l.d. 4. REDELEGATICN AUTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. Section 104(e) of CERCLA. ------- OSWER Directive 9260.2-07 DELEGATIONS Aft_ APR 1 6 1984 THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) • % 14-7. Combination of Noncontiguous Facilities for Response Purposes 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen- sation and Liability Act (CERCLA), to treat tvo or more noncontiguous facilities that are related geographically or on the basis of threat as one for purposes of response actions. 2. TO WHOM CELSGATED. Assistant Administrator for Solid Waste and Qnergency Response. 3. REEELEGATION AUTHORITY. This authority may be redelegatad. 4. ADDITIONAL REFERENCES. Section 104 (d)( 4) of CERCLA. ------- OSWER Directive 9260.2-08-A DELEGATIONS APR 1 6 1984 THE COMPREHENSIVE ENVIRCWEOTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCIA) 14-8-A. Studies and Investigations Related to Response Actions 1. AUTHORITY. Pursuant to the Cotprehensive Environmental Response, Conpen- sation and Liability Act (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, "Planning Remedial Actions." 2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and S-nergency Response and Regional Administrators. 3. LIMITATION. This authority shall be exercised only at sites which are not contained in approved funding levels. 4. REDELEGATICN AUTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. a. Section 104(b) of CERCLA. b. National Contingency Plan (40 CFR 300.66). ------- OSWER Directive 9260.2-08-B DELEGATIONS APR 16 1984 14-8-B. TOE COMPREHENSIVE ENVIROWEyrAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCIA) Studies and Investigations Related to Cost Recovery and Enforcement Decisions 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen- sation and Liability Act (CERCLA), to make determinations as to the necessity and appropriateness of studies and investigations and to undertake such studies and investigations related to the recovery of response costs and the enforcement of the provisions of this Act. 2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance Monitoring, Assistant Administrator for Solid Waste and Emergency Response and Regional Administrators. 3. REDELEGATION AUTHORITY. This authority may be redelegated. 4. ADDITIONAL REFERENCES. Section 104(b) of CERCLA. ------- OSWER Directive 9260.2-09 DELEGATIONS APR 16 084 TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-9. Claims Asserted Against the Fund 1. AtnHORITY. Pursuant to the Comprehensive Environnental Response, Compen- sation and Liability Act (CERCLA), to receive, evaluate and make determinations regarding claims asserted against the Hazardous Substance Response Trust Fund. This authority is to include promoting settlement betveen claimant and respon- sible parties, determining the amount of any award, authorizing payment and making all other determinations necessary to process such claims. 2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency Response. 3. REDELEGATION AUTHORITY. This authority may be redelegated. 4. ADDITIONAL REFERENCES. a. Sections lll(a) and 112 of CERCLA. b. National Contingency Plan (40 CFR 300.25(d)). ------- OSWER Directive 9260.2-10-A DELEGATIONS APR 18 1984 THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-10-A. State Technical Assistance 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Conpen- sation and Liability Act (CERCLA), to provide to a State or political sub- division acting on behalf of the Agency, technical assistance in the administra- tion and enforcement of any contract (or subcontract) for response actions. • 2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency Response and Regional Administrators. 3. LIMITATIONS. a. Regional Administrators or their designees are authorized to expend extramural (contract) funds for technical assistance only to the extent that funds are contained in approved funding levels, and subject to directives issued by the Assistant Administrator. b. The Assistant Administrator for Solid Waste and Emergency Response must consult with the General Counsel prior to the issuance of directives. - 4. REDELEGATION AUTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. Section 104(d)(3) of CERCLA; Executive Order 12316 of August 14, 1981. ------- OSWER Directive 9260.2-10-B DELEGATIONS APR 1 6 1984 THE COMPREHENSIVE ENVIRCWENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCIA) 14-10-B. State Legal Assistance 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Corpen- sation and Liability Act (CERCLA), to provide to a State or political sub- division acting on behalf of the Agency, legal assistance in the administration and enforcement of any contract (or subcontract) for response actions and to request the Attorney General to intervene in any civil actions involving the enforcerent of such contract or subcontract. 2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance Monitoring and Regional Administrators. 3. LIMITATIONS. a. The Assistant Administrator for Enforcement and Compliance Monitoring must notify the Assistant Administrator for Solid W&ste and Emergency Response, the General Counsel, and the appropriate Regional Administrator prior to exer- cising this authority. 4. REDELEGATICN AUTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. Section 104(d)(3) of CERCLA; Executive Order 12316 of August 14, 1981. ------- OSWER Directive 9260.2-11 DELEGATIONS APR 16 THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-11. Credit for State Expenditures 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response\ Compen- sation and Liability Act (CERCLA), to grant the State a credit for response expenses incurred by the State or political subdivision between January 1, 1978, and December 11, 1980. 2. TO WHOM CELEGATED. Regional Administrators. 3. LIMITATIONS. This authority shall be exercised subject to directives issued by the Assistant Administrator for Solid Waste and Emergency Response. 4. REDELEGATICN AUTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. Section 104(c)(3) of CERCLA. ------- OSWER Directive 9260.2-12 DELEGATIONS APR i 6 Q84 THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCIA) 14-12. Civil Judicial Enforcement Actions 1. AUTHORITY. To request the Attorney General to appear and represent the Agency in any civil enforcement actions and to intervene in any civil enforce- ment actions instituted under the Conprehensive Environmental Response, Compen- sation and Liability Act (CERCLA); to request the Attorney General to decline to prosecute a previously referred civil enforcement action; and to request the Attorney General to initiate an appeal and represent the Agency in such an appeal. 2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance Monitoring and the General Counsel. 3. LIMITATIONS. a. The Assistant Administrator for Enforcement and Compliance Monitoring must notify the Assistant Administrator for Solid Waste and Emergency Response and the appropriate Regional Administrator when a case is referred to the Department of Justice and when an appeal is formally initiated. b. The General Counsel may only exercise this authority in regard to appeals. c. Any exercise of the appeal authority will be done jointly by the General Counsel and the Assistant Administrator for Enforcement and Compliance Monitoring. 4. REDELEGATION AUTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. a. Memorandum of Understanding between the Agency and the Department of Justice, June 1977; Executive Order 12316 of August 14, 1981; Sections 106(a), 106(b), and 107 CERCLA. b. See Chapter 14 delegation entitled "Emergency TRO's" for Regional Administrators' authority to make direct referrals of requests for emergency CERCLA Temporary Restraining Orders. ------- OSWER Directive 9260.2-13-A DELEGATIONS APR 1 6 THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-13-A. Criminal Enforcement Actions 1. AUTHORITY. To cause criminal natters under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to be referred to the Depart ment of Justice for assistance in field investigation, for initiation of a grand jury investigation, or for prosecution under CERCLA. 2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance Monitoring. 3. REDELEGATICN AUTHORITY. This authority may be redelegated. 4. ADDITIONAL REFERENCES. Sections 103(b)(3), 103(c) and 103(d) of CERCIA. ------- OSWER Directive 92&0.2-13-B DELEGATIONS APR 1 6 Q84 TOE CCHPREHENSrVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-13-B. Settlement or Concurrence in Settlement of Civil Judicial Actions 1. AUTHORITY. To exercise the Agency's concurrence in the settlement of civil judicial enforcement actions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and to request the Attorney General to anend a consent decree issued under CERCLA. 2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance Monitoring. 3. LIMITATIONS. a. For cases initiated by the Assistant Administrator for Solid Waste and Emergency Response, the Assistant Administrator for Enforcement and Compliance Monitoring must obtain the concurrence of the Assistant Administrator for Solid Waste and Energency Response or his/her delegatee before exercising this authority. b. For cases initiated by the Regional Administrator, the Assistant Administrator for Enforcement and Compliance Monitoring must obtain the concurrence of both the Assistant Administrator for Solid Waste and Energency Response or his/her delegatee and the appropriate Regional Administrator or his/her delegatee before exercising this authority. 4. REDELEGATICN ALTTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. For actions including 31 USC Section 3711 and its applicable regulations, see delegation covering claims of EPA found in Chapter 1 of this Manual. ------- OSWER Directive 92&0.2-13-C DELEGATIONS APR 16 884 THE COMPREHENSIVE EWIROWPTTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCIA) 14-13-C. Emergency TRO's 1. AtntiORTTY. Tb refer requests for emergency Temporary Restraining Orders under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to the Attorney General. 2. TO WHOM CELEGATED. Regional Administrators and the Assistant Administrator for Enforcement and Compliance Monitoring. 3. LIMITATIONS. a. The Regional Administrator must notify the Assistant Administrator for" Enforcement and Compliance Monitoring and the Assistant Administrator for Solid Waste and Emergency Response or their designees when exercising this authority. b. The Assistant Administrator for Enforcement and Compliance Monitoring must notify the appropriate Regional Administrator and the Assistant Administrator for Solid Waste and Emergency Response or their designees when exercising this authority. 4. REDELEGATION AUTHORITY. This authority may.be redelegated only to On-Scene Coordinators. 5. ADDITIONAL REFERENCES. a. Memorandum of Understanding between the Agency and the Department of Justice, June 1977; Executive Order 12316 of August 14, 1981. Section 106(a), 106(b) and 107 of CERCLA. b. For referral of other civil actions under CERCLA, see the Chapter 14 delegation entitled "Civil Judicial Enforcement Actions." ------- OSWER Directive 9260.2-14-A DELEGATIONS APR 1C THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-14-A. Determinations of Bnninent and Substantial Endangerment 1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), to make determinations that there may be an imminent and substantial endangerment to public health or welfare or the environment. 2. TO WHOM DELEGATED. Regional Administrators. 3. LIMITATIONS. This authority shall be exercised subject to directives issued by the Assistant Administrator for Solid Waste and Emergency Response. Regional Administrators must consult with the Assistant Administrator for Solid Waste and Emergency Response or his/her designee when exercising this authority. 4. REDELEGATICN AUTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. Section 106(a) of CERCLA. ------- OSWER Directive 9260.2-14-B DELEGATIONS APR 16 Q84 THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-14-B. Abatement Actions Through Unilateral Orders 1. AinHCRITY. After giving notice to the affected State, to take administra- tive action pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) including, but not limited to, issuing such unilateral orders as may be necessary to protect public health and welfare and the environ- ment. 2. TO WHCM CELEGATED. Regional Administrators. 3. LIMITATIONS. This authority shall be exercised subject to directives issued by the Assistant Administrator for Solid Vbste and Emergency Response. Regional Administrators must consult with the Assistant Administrator for Solid Vfeste and Emergency Response or his/her designee when exercising this authority. 4. REDELEGATION AUTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. Section 106(a) of CERCLA. ------- OSWER Directive 9260.2-14-C DELEGATIONS APR 1 6 TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-14-C. Abatement Actions Through Consent Orders 1. AUTHORITY. After giving notice to the affected State, to take administrative action pursuant -,to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) including, but not limited to, issuing such orders on consent as may be necessary to protect public health and welfare and the environ- ment. 2. TO WHCM CELEGATED. Regional Administrators. 3. LIMITATIONS. a. Regional Administrators must obtain the advance concurrence of the Assistant Administrator for Solid Waste and Emergency Response or his/her delegatee before exercising any of the above authorities. b. The Assistant Administrator for Solid Waste and Emergency Response may waive the advance concurrence requirements by memorandum. 4. REDELEGATIQN AUTHORITY. This authority may be redelegated . 5. ADDITIONAL REFERENCES. Section 106(a) of CERCLA. ------- OSWER Directive 9260.2-15 DELEGATIONS APITtl 884 TOE CCMPREHPlSrVE ENVTSCWENTAL RESPCKSE, COMPENSATION AND LIABILITY ACT (CERCIA) 14-15. Guidelines for Use of Imminent Hazard,_ Enforcement and Emergency Response Authorities 1. AUTHORITY. To establish, modify and publish guidelines for using the imminent hazard, enforcement and emergency response authorities under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and other existing statutes administered by the Agency. 2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance Monitoring. 3. LIMITATIONS. The Assistant Administrator for Enforcement and Compliance Monitoring will obtain the advance concurrence of the Assistant Administrator for Solid W&ste and Emergency Response before exercising this authority. 4. REDELEGATION AUTHORITY. This authority may be redelegated. 5. ADDITIONAL REFERENCES. Section 106(c) of CEPCLA. ------- OSWER Directive 9260.2-16 3/20/85 TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) 14-16. Demand Letters for Recovering Trust Fund Expenditures 1. AUTHORITY. Pursuant to the Conprehensive Environmental Response, Compen- sation and Liability Act (CERCLA), to prepare, sign and issue demand letters to responsible parties for recovery of CERCLA-funded response costs. 2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance Monitoring, Assistant Administrator for Solid Waste and Emergency Response and Regional Administrators. 3. LIMITATION. This authority shall be exercised subject to directives issued by the Assistant Administrator for Solid Waste and Emergency Response. 4. REDELEGATION AUTHORITY. This authority may be redelegated to the Division Director level. 5. ADDITIONAL REFERENCES. «. a. Section 107 of CERCLA. b. "Guidance on Pursuing Cost Recovery Actions under CERCLA," August, 1983. c. "Cost Documentation for CERCLA 107 Efforts," September, 1983. ------- OSWER Directive 9260.2-17 DELEGATIONS 8/22/85 THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CESCLA) 14-17. National Priorities List 1. AUTHORITY. To sign and submit to the Federal Register proposed and final ruiemaking documents which add additional sites to or delete sites from the National Priorities List of hazardous waste sites. 2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency Response. 3. REDELEGATION AUTHORITY. This authority may not be redelegated. 4. ADDITIONAL REFERENCES. The statutory requirement for establishment of a national priorities list is contained in the Comprehensive Environmental Response, Cotpensation and Liability Act of 1980 (CERCLA) (PL-96-510) at Section 105(8) (b). ------- |