&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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