&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
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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
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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
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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)
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-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)
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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)).
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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).
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