&EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
9260.5-02A
TITLE: Superfund Internal Delegations of
Authority
APPROVAL DATE: 4/1/90
EFFECTIVE DATE: 4/1/90
ORIGINATING OFFICE: OSWER/OERR & OWPE
E FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
Supersedes by providing clarification of
delegations 14-14A, 14-14-B, and 14-14C as
described in 9260.5-02, dated 9/24/87
OS WER OS WER OS WE ft
'£ DIRECTIVE DIRECTIVE Dl
-------
Washington. OC 20460
QSWER Directive initiation Request
1. Directive Numbe
9260.5-02A
2. Originator Information
Nam* of Contact Person
& Analysis
Mail Code
OS-240
Office
OSWER/OERR
Telephone Code
382-2182
3. Title
Sueprfund Internal Delegations of Authority
4. Summary of Directive (include briel statement of purpose) ~
Supersedes 9260.5-02, dated 9/24/87 by providing clarification
of Delegations 14-14-A, 14-14-B, and 14-14-C as described
in previous version.
5. Keywords
CERCLA/SARA Super-fund, delegations of authority
6a. Does This Directive Supersede Previous Directive(s)?
b. Does tt Supplement Previous Directlve(s)?
No
No
Yes What directive (number, title)
9260.5-02A
Yes What directive (number, tttte)
7. Draft Level
A-Signed by AMD AA
B - Signed by Office Director
C - For Review & Comment
0 - til Development
8. Document to be distributed to States by Headquarters?
*»i . •
Yes
JC
No
this Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator
Betti C. VanEpps / Superfund Doc. Coord.
10. Name and Title of Approving Official
Henry L. Longest II and -Bruce
Diamond, Prog.Dir.
Date
4/18/90
Date
• V
4/1/90
Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER 0
VE DIRECTIVE DIRECTIVE DIRECTIVE
-------
4/1/90: This document has been reissued as 9260.5-02A on 4/1/90
because a clarification has been added at Delegation #
\ 14.
*, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
SEP 2 4 1S8T
SOL:') WASTE -"-NO EMLFmENiV
MEMORANDUM
FROM:
TO:
OSWER DIRECTIVE # 9260.5-OjL
SUBJECT: Superfund Internal Delegations
Henry L. Longest II, Directo
Office of Emergency and Remed
hority
sponse
Assistant Administrators
Regional Administrators
Regional Counsels
Waste Management Division Directors
Environmental Services Division Directors
Attached are the final new and revised delegations of
authority implementing the provisions of SARA, most of which
were approved by the Administrator on September 13, 19.87.
Delegation 14-2-B, "Removal Actions Initially Expected to
Cost Over $2,000,000 and Continued Removal Actions After Obliga-
tions of $2,000,000 (Pursuant to the Consistency Waiver)," and
delegation 14-3, "Selection and Performance of Removal Actions
Lasting More Than One Year," were approved on September 21,
1987. Delegation 14-36, "Lead Contaminated Soil," was approved
August 14, 1987, and delegation 14-20-A, "Love Canal Cooperative
Agreement for Maintenance of Properties," was approved on
December 11, 1986.
Also attached are copies of delegations 14-14-A and 14-15,
the only two Superfund delegations not revised. These are
included so that you will have a complete set of current
delegations.
You will be receiving official copies of these delegations
distributed by the Office of Administration and Resources
Management in 6-8 weeks.
Attachments
cc: Win Porter
Gene Lucero
Marcia Williams
Ron Brand
Jim Makris
Thad Juszczak
Liz LaPointe
Tim Fields
Steve Lingle
Russ Wyer
Bruce Engelbert
Clem Rastatter
Chris Grundler
Matt Hale
Internal Delegations Workgroup
-------
CERCLA/SARA DELEGATIONS OF AUTHORITY - TABLE OF COOTEOTS
14-1-A Selection and Performance of Removal Actions Costing Up to
$2,000,000
14-1-B Superfund State Contracts and Cooperative Agreements for Removal
Actions
14-2-A Removal Actions Initially Expected to Cost Over $2,000,000 and
Continued Removal Actions After Obligations of $2,000,000
14-2-B Removal Actions Costing Over $2,000,000 at National Priorities
List (NPL) and Proposed-NPL Sites
*14-3 Selection and Performance of Removal Actions Lasting More' Than
One Year
14-4-A State-Lead Studies and Investigations Related to Response Actions
14-4-B [Deleted]
14-4-C Superfund State Contracts and Cooperative Agreements to Implement
a_-.d Perform Remedial Actions
Selection of Remedial Actions
Inspections, Sampling, Information Gathering, Subpoenas, and
Entry for Response
14-7 Combination of Noncontiguous Facilities for Response Purposes
14-3-A Federal-Lead Studies and Investigations Related to Response Actions
14-3-B Studies ar.d Investigations Related to Cost Recovery and Enforcement
Decisions; Special Notice
14-9 Claims Asserted Against the Fund
14-10-A State Technical Assistance
14-10-B State Legal Assistance
14-11 Credit for State Expenditures
14-12 Civil Judicial Enforcement Actions
**14-13-A Criminal Enforcement Actions
14-13-B Concurrence in Settlement of Civil Judicial Actions
14-13-C Emergency TROs
*New Authorities (Note that Delegation 14-3 covers authority previously
included in Delegation 14-1-A; Delegation 14-13-A contains new author:-./
to pay awards under §109)
**Not in original proposed package.
-------
CTOCLA/SARA DELBGATICMS OF ALTTHDRITY - TABLE OF CO/raTTS (page 2)
14-14-B Administrative Actions Through Unilateral Orders
14-14-C Administrative Actions Through Consent Orders
*14-14-D Cost Recovery Non-Judicial Agreements and Administrative Consent
Orders
*14-14-E De Minimis Settlements
14-16 Demand Letters
14-17-A National Priorities List: Federal Register Submission of Proposed
and Final Additions and Deletions
x"
*14-17-B National Priorities List: Restoring Sites, Petitions to Assess,
Evaluations of Serious Threats, and'Redetermining Priority
*14-18-A Alternative Treatment Technology Research, Development, Demonstration,
and Training
*14-18-B Hazardous Substance Research
*14-19 Contractor Indemnification
*14-20-A Love Canal Cooperative Agreements for Maintenance of Properties
•14-20-3 Love Canal Cooperative Agreements and Grants
*14-21 Agreements with Other Federal Agencies
*14-22 Response Action Administrative Record
•14-23 Public Participation
*14-24 Grants for Technical Assistance
•14-25 Notification of Trustees
*14-26 Federal Lien
*14-27 Petitions for Reintoursement
•14-28 Federal Agency Hazardous Waste Compliance Docket
•14-29 Investigations and Evaluations of Employment Shifts and Loss
*14-30 Acquisition of Property
*14-31 Administrative Penalty Actions
•14-32 Administrative Enforcement: Agency Representation at Hearings
•14-33 Administrative Enforcement: Issuance of Final Orders
•New Authorities
-------
CraCLA/SARA DELEGATIONS OF ALfHCRITY - TABLE OF COm-NTS (page 3)
*14-34 Waiver of Permit Requirements in the State of Illinois
*14-35 List of Hazardous Substances and Toxicological Profiles
*14-37 Reimbursement to Local Governments
*14-38 EPA Role in Department of Defense Environmental Restoration
Program
RCRA
*8-33 Selection and Performance of Federal Corrective Actions at
Leaking Underground Storage Tanks •-
TITLE III
*22-l Civil Judicial Enforcement Actions
*22-2 Criminal Judicial Enforcement Actions
*22-3 Administrative Enforcement Actions
*22-4 Notification by States of Facilities Subject to Planning
Requirements
*22-5 Receipt of Petitions to List/Delist Chemicals and Responses to
Petitions
*22-6 Receipt of Toxic Chemical Release Forms and National Toxic
Chemical Inventory
*22-7 Trade Secrets
*New Authorities
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
•*> A
4i -ttV
APR | (990
MEMORANDUM OFRCE Qf
SOLID WASTE AND EMERGENCY RESPONSE
SUBJECT: Clarification of Delegations of Authority 14-14-A,
14-14-B and 14-14-C under CERCLA
FROM: Bruce M. Diamond, Directo
Office of Waste Programs
Henry L. Longest II, Director
Office of Emergency and ReinediaJT|Rj^ponse
TO: Regional Administrators, Regions I-X
This memorandum summarizes our past and future approach to
implementing Delegations of Authority 14-14-A, 14-14B and 14-14C
under the Comprehensive Environmental Response, Compensation and
Liability Act, as amended (CERCLA).
14-14-A - Determinations of Imminent and Substantial Endangerment
Delegation 14-14-A requires that the Regional Administrators
consult with the Director of the Office of Waste Programs
Enforcement (OWPE) before making determinations of imminent and
substantial endangerment. The Director of the Office of
Emergency and Remedial Response (OERR) must be notified when such
consultation occurs.
The assessment of imminent and substantial endangerment is
generally made during the remedial investigation process and the
process leading up to an Action Memorandum, and the finding is
made in the decision document itself. The consultation occurs
during the decision-making process and is therefore implicit in
the delegation process for RODs and Action Memoranda. A separate
consultation is not required for the determination of imminent
and substantial endangerment. All determinations of imminent and
substantial! •ndangerment made prior to this date are deemed to
have met"Idia. consultation requirements.
In addition, Headquarters issued guidance on endangerment
assessments (OSWER Directive #9850.0, November 22, 1985} which
has been relied on by the Regions in making determinations of
imminent and substantial endangerment. This guidance has been
superceded by the Risk Assessment Guidance for Superfund, (EPA/1-
89/002, signed October 13, 1989). The new guidance is being
relied on for determinations made after October 13, 1989. Use of
these guidance documents is sufficient to constitute consultation
of OWPE and OERR.
-------
14-14-B - Administrative Actions Through Unilateral Orders
Delegation 14-14-B requires the Regional Administrators to
consult with the Director of OWPE on their administrative
actions, including, but not limited to, their issuance of
unilateral orders. The Director of OERR must be notified when
such consultation occurs.
The process for issuing Unilateral Administrative Orders
involves coordination with the Regional Coordinators of the
Compliance Branch of OWPE's CERCLA Emforcement Division. Issues
concerning the issuance of these unilateral orders are brought to
the Regional Coordinator's attention, and are elevated when
necessary.
This consultation also takes place during monthly phone
calls with the Regions in which they discuss negotiations,
candidate sites and activities associated with issuing unilateral
orders. It also takes place in the yearly strategy consultations
which have culminated in a fiscal year 1989 and 1990 written
strategy for issuance of Unilateral Adminstrative Orders for
RD/RA.
In the future, we will continue the general process. As in
the past, memoranda and conversations on actions at specific
sites are not necessary. A separate consultation is required,
however, for decisions not to issue a Unilateral Administrative
Order for RD/RA (see "Use of CERCLA Section 106 Unilateral
Enforcement for Remedial Design and Remedial Action: Strategy for
Fiscal Year 1990", OSWER Directive # 9870.1A, February 14, 1990),
and for $2 million exemption requests.
The consultation requirement with OWPE has been met for all
Unilateral Administrative Orders for actions issued prior to this
date, and is waived for future unilateral orders, except as
mentioned above.
14-14-C - Administrative Actions Through Consent Orders
Under delegation 14-14-C, the Regional Administrators must
consult with the Director of OWPE on their administrative
actions, including but not limited to, the issuance of
Administrative Orders on Consent (except for RI/FS orders issued
under 104. See memorandum from J. Winston Porter of March 16,
1987). Such advance concurrence can be waived by memorandum.
The authority to nonconcur on the issuance of an Administrative
Order on Consent, however, is retained by the Assistant
Administrator of OSWER.
The process for issuing Administrative Orders on Consent for
removal actions has involved general coordination with the
Regional coordinators of the Compliance Branch of OWPE 's CERCLA
Enforcement Division. Issues concerning the issuance of these
Administrative Orders on Consent are brought to the Regional
-------
Coordinator's attention, and are elevated when necessary. End of
year summaries are prepared detailing the issuance of
Administrative Orders on Consent for removal actions. This
method of consultation is sufficient to constitute consultation
with the Director of OWPE for concurrence. The consultation
requirement with OWPE has been met for all Administrative Orders
on Consent for removal actions issued prior to this date, and is
waived for all future issuance of Administrative Orders on
Consent.
cc: Waste Management Division Directors, Region I-X
Environmental Services Division Directors,
Regions I, VI, VII
Lisa Friedman, OGC
Glenn Unterberger, OECM
Russ Wyer, OERR
Hans Crump, OERR
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRCWENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLAT
14-1-A. Selection and Performance of Removal Actions
Costing Up to $2,000,000
1. ALTOORITY. Pursuant to the Comprehensive Environmental Response.. Compen-
sation and Liability Act, as amended (CERCLA), to determine the necessity of
and to select and perform removal actions costing up to $2,000,000 where the
action is expected to last up to one year.
2. TO WHOM DFT.FnATED. Regional Administrators.
3. LIMITATIONS.
a. Removal actions will not continue after $2,000,000 has been obligated,
unless authorized to continue under Delegation 14-2-A, "Removal Actions
Initially Expected to Cost Over $2,000,000 and Continued Removal Actions
After Obligations of $2,000,000," or Delegation 14-2-B, "Removal Actions Costing
Over $2,000,000 at NPL and Proposed-NPL Sites."
b. The Assistant Administrator for Solid Waste and Emergency Response or
his/her designee must concur prior to the initiation of a removal action at
non-NPL sites where the proposed action is on the List of Nationally Significant
or Precedent-Setting Removal Action Categories.
4. PFDFT.FTGATION AL7THORITY. This authority may be redelegated to Division
Directors, who may then redelegate to Cn-Scene Coordinators (On-Scene
Coordinators may exercise this authority only for obligations not to exceed
$50,000 for initiating removal actions).
5. ADDITIONAL REFERENCES.
a. Sections 104, 121(d), and 121(e) of CERCLA.
b. National Contingency Plan, 40 CFR 300.
c. Superfund Removal directives.
d. The $2,000,000 limit includes all extramural costs and Headquarters
and Regional intramural costs, except for Section 104(b) studies and all
enforcement costs.
e. List of Nationally Significant or Precedent-Setting Removal Categories.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL 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,
Compensation, and Liability Act, as amended (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. This authority includes approval and award
authority.
2. TO WHOM DELEGATED. Regional Administrators.
3. LIMITATIONS. The authority to enter into a contract with States, for
the purpose of this delegation, does not extend to procurement contracts.
4. pFDFT.FTGATION ALflHORITY. This authority may be redelegated to the
Division Director level.
5. ADDITIONAL REFERENCES.
a. Section 104(d)(l), 121(d) and 121(e) of CERCLA.
b. National Contingency Plan, 40 CFR 300.
c. State Participation in the Superfund Program, February 1984,
Volumes I and II, as amended.
d. Directives issued by the Assistant Administrator for Solid Waste and
and Emergency Response.
-------
DELEGATIONS MMWAL 1200 TN
THE OOMPREHENSIVE ENVIRCNMEyrAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CEROLAT
14-2-A. Removal Actions Initially Expected to Cost Over $2,000,000 and
Continued Removal Actions After Obligations of $2,000,0000 (Pursuant
to the Emergency WaiverT~~~
1. AL7IH3RITY. Pursuant to the Comprehensive Enviregimental Response, Compen-
sation and Liability Act, as amended (OER.CLA), to. determine the necessity of
and to select and perform removal actions to continue beyond $2,000,000 when
all of the following circumstances exist:
a. Where continued response actions are immediately required to prevent,
limit, or mitigate an emergency; and
b. Where there is an immediate risk to public health or welfare or the
environment; and
c. Where such assistance will not otherwise be provided on a timely basis.
2. TO WHOM DFTJCATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. PEDEDGiATICN AL7IH3RITY. This authority may be redelegated to the Office
Director, Office ~f Emergency and Remedial Response.
4. .ADDITIONAL REFERENCES.
a. Sections 104, 121(d), and 121(e) of CERCLA.
b. National Contingency Plan, 40 CFR 300.
c. Superfund Removal directives.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (GERGLA)"
14-2-B. Removal Actions Initially Expected to Cost Over $2,000,000 and
Continued Removal Actions After Obligations of $2,000,000 (Pursuant
to the Consistency Waiver)~~
1. ALTOORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act as amended (CERCLA), to determine the necessity of
and to select and perform removal actions to continue beyond $2,000,000 when
the continued response action is otherwise appropriate and consistent with the
remedial action to be taken.
»
2. TO WHOM DFTJX3ATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATIONS. The Regional Administrators may only exercise this authority
at sites within their Regions specified by the Assistant Administrator for
Solid Waste and Emergency Response.
4. REDELEGATION ALTmORITY. The Assistant Administrator for Solid Waste and
Emergency Response may redelegate this authority to the Office Director,
Office of Emergency and Remedial Response. Regional Administrators may
not redelegate this authority.
5. ADDITIONAL REFERENCES.
a. Sections 104, 121(d), and 121(e) of CERCLA.
b. National Contingency Plan, 40 CFR 300.
c. Superfund Removal directives.
-------
DELEGATIONS MANUAL 1200 TN
TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLAF
14-3. Selection and Performance of Removal Actions Lasting More Than One Year
1. ALTTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act as amended (CERCLA), to determine the necessity of
and to select and perform removal actions:
x
a. Where the action is expected to last more than one year; or';
b. Where the action was expected to'last up to one year, but requires
continuation beyond one year.
This authority applies only in the following circumstances:
i. Where continued response actions are immediately required to
prevent, limit, or mitigate an emergency; and
Where there is an immediate risk to public health or welfare or
the environment; and
Where such assistance will not otherwise be provided on a timely
basis; O£
ii. Where the continued response action is otherwise appropriate and
consistent with the remedial action to be taken.
2. TO WHOM DFIJTGATED. Regional Administrators.
3. REQFT.FrayriON ALrrHORITY. These authorities may be redelegated to the
Division Director level.
4. ADDITIONAL REFERENCES.
a. Sections 104, 121(d), and 121(e) of CERCLA.
b. National Contingency Plan, 40 CFR 300.
c. Superfund Removal and Remedial directives.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRCtMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLAl
14-4-A. State-Lead Studies and Investigations Related to Remedial Actions
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA), based on a determination
that a State or political subdivision is capable of performing studies and
investigations to plan a remedial action, to enter _into a cooperative
agreement to perform such planning. This authority includes approval and
award authority.
2. TO WHOM DELEGATED. Regional Administrators.
3. LIMITATIONS. This authority shall be exercised subject to the
Administrator's management accountability system, and may only be exercised
at sites which are contained in approved funding levels.
4. REDELEGATICN AinHORITY. This authority may be redelegated to the
Division Director level.
5. ADDITIONAL REFERENCES.
a. Sections 104, 116, 117, and 121 of CERCLA.
b. Strategic Planning and Management System is the Administrator's
management accountability system.
c. Directives issued by the Assistant Administrator for Solid Waste and
Emergency Response.
d. State Participation in the Superfund Program, February 1984,
Volumes I and II, as amended.
e. National Contingency Plan, 40 CFR 300.
f. 40 CFR 30 and 40 CFR 33, EPA grant regulations.
g. EPA's Assistance Administration Manual, 1984, as amended.
-------
DELETED AND RESERVED FOR FUTURE USE:
14-4-B. (Formerly Selection of Initial Remedial Measures)
-------
DELEGATIONS MVNUAL 1200 TN
THE COMPREHENSIVE ENVIRCNMEOTAL RESPONSE,
OOMPENSATICN, AND LIABILITY ACT (CKHCLA)
14-4-C. Super fund State Contracts and Cooperative Agreements to Implement
and Perform Remedial Actions
1. ALffflORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA), to consult with the affected
State or political subdivision in the selection of appropriate remedial action;
to obtain the necessary assurances for remedial actions; based on a determination
that a State or political subdivision is, capable of carrying out a remedial
action, to enter into a cooperative agreement with such State or political
subdivision to perform remedial actions? to enter into a contract with such
State or political subdivision in which EPA will perform the remedial action.
This authority includes approval and award authority.
2. TO WHOM DELEGATED. Regional Administrators.
3. LIMITATIONS .
a. The authority to enter into a contract with States, for the purpose of
this delegation, does not extend to procurement contracts.
b. This authority shall be exercised subject to the Administrator's manage-
ment accountability system, and approved funding levels.
c. This authority shall be exercised in accordance with Delegation 14-5,
Selection of Remedial Actions.
4. REDFT.BGATICN AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Sections 104(a), 104(c), 104(d)(l), 116 and 121
of CERCLA.
b. State Participation in the Super fund Program, February, 1984,
Volumes I and n aa
c. Strategic Planning and Management System is the Administrator's
ironagement accountability system.
d. Directives issued by the Assistant Administrator for Solid Waste ar..<
Emergency Response.
e. National Contingency Plan, 40 CFR 300.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERGLAl
14-5. Selection of Remedial Actions
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA), to determine the necessity of,
to select, and to perform the appropriate remedial action.
2. TO WHOM DFT,PLATED. Assistant Administrator for'Solid Waste and'Emergency
Response and Regional Administrators.
3. LIMITATIONS. Regional Administrators or their delegatees may exercise
this authority for sites or particular operable units at a site within their
Regions listed in the Remedy Delegation Report issued periodically by the
Assistant Administrator for Solid Waste and Emergency Response.
4. RFTIFT.FTGATIQN AUTHORITY. The Assistant Administrator for Solid Waste and
Emergency Response may redelegate this authority to the Office Director level.
Regional Administrators may redelegate this authority to the Deputy Regional
Administrator.
5. ADDITIONAL REFERENCES.
a. Sections 101(24), 104, 116, 118, 120, 121, and 126(b) of CERCLA.
b. Section 118(m) of the Superfund Amendments and Reauthorization Act
(SARA).
c- Guidance on Delegation of Selection of Remedy Authority.
d. National Contingency Plan, 40 CFR 300.
e. Acquisition of property is covered in Delegation 14-30.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRCWEOTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
14-6. Inspections, Sampling, Information Gathering, Subpoenas,
and Entry for Response
1. ALfltiORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act as amended (CERCLA), to enter any vessel, facility,
establishment, place, property or location for the .purposes of inspections,
sampling, information gathering and response actions; to carry out-'inspections,
sampling, and information gathering; to require the production of information
and documents; to issue subpoenas; to issue compliance orders for production
of information and documents; to issue compliance orders for entry and inspection;
to obtain and execute warrants to support this authority; and to designate
representatives of the Administrator to carry out inspections, sampling, infor-
mation gathering, and response actions.
2. TO WHOM DFT.FrATED. Assistant Administrator for Solid Waste and Emergency
Response, Assistant Administrator for Enforcement and Compliance Monitoring,
and Regional Administrators.
3. LIMITATIONS.
a. Regional Administrators and the Assistant Administrator for Solid Waste
and Emergency Response or their delegatees must consult with the Assistant
Administrator for Enforcement and Compliance Monitoring, or his/her designee,
prior to issuing compliance orders regarding information gathering or compliance
orders for entry and inspection, or issuing subpoenas, unless or until such
consultation authority is waived by memorandum.
b. The Assistant Administrator for Solid Waste and Emergency Response or
his/her delegatee must consult with the Assistant Administrator for Enforcement
and Compliance Monitoring or his/her designee prior to obtaining warrants.
c. The Assistant Administrator for Solid Waste and Emergency Response and
the Assistant Administrator for Enforcement and Compliance Monitoring or their
delegatees must consult with the appropriate Regional Administrator or his/her
designee prior to exercising these authorities.
4. REDELBGATIOK AUIHDRITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 104(e), 109(a), 109(b) and 122(e) of CERCLA.
b. National Contingency Plan, 40 CFR 300.
-------
DELEGATIONS MANUAL 1200 TO
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, as amended (CERCLA), to treat two or more noncontiguous
facilities that are related geographically or on the basis of threat as one for
purposes of response actions.
/•*'
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and'Emergency
Response and Regional Administrators.
3. REDELEGATION AL7IH3RITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Section 104(d)(4) of CERCLA.
b. Guidance on combination of noncontiguous facilities can be found in
48 FR 40663 September 8, 1983 and 49 FR. 37076 September 21, 1984.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLAT
14-8-A. Federal-Lead Studies and Investigations Related to Response Actions
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability, Act as amended (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, "State-Lead'"Studies
and Investigations Related to Remedial Aqtions," and to perform such studies
and investigations in consultation with the State.
2. TO WHOM DFT.mATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATION. This authority shall be exercised subject to the Administrator's
management accountability system, and may be exercised only at sites which
are contained in approved funding levels.
4. PFDFT.RGATICN ALTODRITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Sections 104, 116, 117, and 121 of CERCLA.
b. National Contingency Plan, 40 CFR 300.
c. SJiate Participation in the Superfund Program, February 1984,
Volumes I and II, as amended.
d. Directives issued by the Assistant Administrator for Solid Waste and
Emergency Response.
e. Strategic Planning and Management System is the Administrator's
management accountability system.
-------
DELEGATIONS WNUAL 1200 TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-8-3. Studies and Investigations Related to Cost Recovery and Enforcement
Decisions; Special Notice
1. ALTIH3RITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act, as amended (CERCLA), to make determinations as to
the necessity and appropriateness of studies and ^investigations related to
the recovery of response costs and the enforcement of the provisions-of
this Act, and to undertake such studies and investigations; and to make
decisions, determinations, findings, notifications and non-binding allocations
of responsibility under Section 122.
2. TO WHOM DFTJX3ATED. Assistant Administrator for Solid Waste and Emergency
Response, Assistant Administrator for Enforcement and Compliance Monitoring,
and Regional Administrators.
3. REDELEGATICN ALTmORJTY. This authority maybe redelegated.
4. ADDITIONAL REFERENCES.
a. Sections 104, 106, 107 and 122 of CERCLA.
b. All applicable Agency guidance and directives.
c. See Delegation 14-6 for issuance of Section 104(e) requests.
-------
DELEGATIONS MMHAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCLA)
14-9. Claims Asserted Against the Fund
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Coiqpen-
sation and Liability Act, as amended (CERCLA), to receive, evaluate, make
determinations and preauthorize claims asserted against the Hazardous Substance
Superfund. This authority is to include determining the amount of any award,
authorizing payment, and making all other determinations necessary to process
such claims.
2. TO WHOM DFT.FX5ATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. PFDFT.PGATION ALfnCRITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Sections lll(a), lll(e), 112, and 122 of CERCLA.
b. National Contingency Plan, 40 CFR 300.
-------
DELEGATIONS MANUAL 1200 TO
THE COMPREHENSIVE ENVIRCWEOTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERQAl
14-10-A. State Technical Assistance
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act, as amended (CERCLA), to provide to a State or
political subdivision acting on behalf of the Agency, technical assistance
in the administration and enforcement of any contract (or subcontract) for
response actions. x
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATIONS. Regional Administrators or their delegatees are authorized
to expend extramural (contract) funds for technical assistance only to the
extent that funds are contained in approved funding levels.
4. REDFTFTATICN AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(d)(3) of CERCLA.
b. Directives issued by the Assistant Administrator for Solid Waste and
Emergency Response
c. State Participation in the Superfund Program, February, 1984, Volumes
I and II as amended.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-10-B. State Legal Assistance
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCLA), to provide to a State
or political subdivision 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 Genera-1 to intervene in any
civil actions involving the enforcement of such contract or subcontract.
2. TO WHOM DFT.RGATED. Assistant Administrator for Enforcement and Compliance
Monitoring and Regional Administrators.
3. LIMITATIONS. The Assistant Administrator for Enforcement and Compliance
Monitoring or his/her delegatee must notify the Assistant Administrator for
Solid Waste and Emergency Response, the General Counsel, and the appropriate
Regional Administrator or their designees prior to exercising this authority.
4. PEPELflGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 104(d)(3) of CERCLA.
-------
DELEGATIONS hftNUAL 1200 TN
THE COMPREHENSIVE ENyiRGNMEOTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
14-11. Credit for State Expenditures
1. ALTMORITY. Pursuant to Comprehensive Environmental Response, Compensation
and Liability Act, as amended (CERCLA), to*grant the State a credit against
its cost share for response expenses incurred by the State (or as appropriate,
a political subdivision) in accordance with the provisions of sections
104(c) and 104(d).
2. TO WHOM DFT.mATED. Regional Administrators.
3. RFDFT.RGATICN AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Sections 104(c), and 104(d)(l)(C) of CERCLA.
b. State Participation in the Superfund Program, February, 1984,
Volumes I and II as amended.
c. Directives issued by the Assistant Administrator for Solid Waste and
Emergency Response.
d. Fiscal directives issued by the Comptroller.
-------
DELEGATIONS MANUAL 1200 TO
TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT XCERCLA)
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 Comprehensive Environmental Response, Com-
pensation, and Liability Act, as amended (CERCLA)x; 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 DFT.FTGATED. Assistant Administrator for Enforcement and Compliance
Monitoring and the General Counsel.
3. LLMITATIONS.
a- The Assistant Administrator for Enforcement and Compliance Monitoring
or his/her delegatee must notify the Assistant Administrator for Solid
Waste and Emergency Response and the appropriate Regional Administrator or
their designees when a case is referred to the Attorney General and When an
appeal is formally initiated.
b. The General Counsel or his/her delegatee 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 or their delegatees.
4. REDELEGATION AUTHORITY. The authority to request the Attorney General
to decline to prosecute a previously referred civil enforcement action may
be redelegated to the Division Director level. The other authorities cited
in paragraph 1 above may be redelegated.
5. ADDITIONAL REFERENCES.
a. Memorandum of Understanding between the Agency and the Department
of Justice.
b- Sections 104, 106, 107, 109, and 122 of CERCLA.
c. See delegation 14-13-C, entitled "Emergency TROs," for Regional
Administrators' authority to make direct referrals of requests for emerger-cy
CERCLA Temporary Restraining Orders.
d. All applicable Agency guidance and directives.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (GERCLA)
14-13-A. Criminal Enforcement Actions
1. ALTTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCLA), to cause criminal
matters to be referred to the Department of Justice %for assistance in field
investigation, for initiation of a grand jury investigation, or for /
prosecution under CERCLA; to authorize payment.of awards up to $10,000 to
any individual who provides information Leading to the arrest and conviction
of any person for a violation subject to a criminal penalty under CERCLA.
2. TO WHOM DFT.FnATED. The Assistant Administrator for Enforcement and
Compliance Monitoring.
3. LIMITATIONS. The amount of CERCLA funds to be made available each
fiscal year for the payment of the awards as authorized by this delegation
is limited to an amount agreed upon annually by the Assistant Administrator
for Enforcement and Compliance Monitoring and the Assistant Administrator for
Solid Waste and Emergency Response.
4. REDELEGATION ALTTHORITY. The authority to refer cases may be redelegated.
The authority to authorize payment of awards may be redelegated to the
Senior Enforcement Counsel for Criminal Enforcement.
5. ADDITIONAL REFERENCES. Sections 103(b)(3), 103(c), 103(d), and 109(d)
of CERCLA.
-------
DELEGATIONS MANUAL 1200 TN
TOE COMPREHENSIVE ENVIRCWENTAL RESPONSE,
QCMPENSATICN, AND LIABILITY ACT (GERGLAT
14-13-B. Concurrence in Settlement of Civil Judicial Actions
1. AinHQRITY. To exercise the Agency's concurrence in the settlement of
civil judicial enforcement actions under the Comprehensive Environmental
Response, Compensation, and Liability Act,' as amended (CERCLA), and to
request the Attorney General to amend a consent decree issued under CERCLA.
2. TO WHOM DFT.nGATED. Regional Administrators. "
3. LIMITATIONS.
a. Regional Administrators may exercise the Agency's concurrence
authority in settlement of Regionally-initiated CERCLA section 104/107
recovery actions where the total response costs at the facility do not
exceed $500,000, excluding interest.
b. For all cases initiated by the Assistant Administrator for Solid
Waste and Emergency Response, the Regional Administrator or delegatee must
obtain the concurrence of the Assistant Administrators for Enforcement and
Compliance Monitoring and Solid Waste and Emergency Response or their
designees before exercising this authority. The Assistant Administrators
for Enforcement and Compliance Monitoring and Solid Waste and Emergency
Response or their designees may waive the concurrence requirement by
memorandum on a Region-by-Region basis.
c. For cases initiated by the Regional Administrator other than those
identified in paragraph 3.a of this delegation fin which the Regional Adminis-
trator concurs for the Agency), the Regional Administrator or delegatee must
obtain the concurrence of the Assistant Administrators for Enforcement and
Compliance Monitoring and Solid Waste and Emergency Response or their
designees before exercising this authority. The Assistant Administrators
for Enforcement and Conqpliance Monitoring and Solid Waste and Emergency
Response or their designees may waive the concurrence requirement by memorandum
on a Region-by-Region basis.
d. Six ocnths after the Administrator's signature of this delegation,
and every six norths thereafter, the Assistant Administrators for Enforcement
and Compliance Monitoring and Solid Waste and Emergency Response, or their
designees, will review each Region's experience in settlement of civil
judicial actions and, based upon that review, will consider jointly waiving
or modifying any advance concurrence requirement on a Region-by-Region
basis. The Administrator shall be apprised of the status of the advance
concurrence requirement upon completion of each review.
-------
-2-
DELEGATIONS MANUAL 1200 TN
TOE OCMPREHENSIVE ENVIRCWEOTAL RESPONSE.
OCMPENSATION, AND LIABILITY ACT (CERQA)
14-13-B. Concurrence in Settlement of Civil Judicial Actions (cont1)
4. REDELEGATICN ALrfflORITY. The authority to request the Attorney General
to amend a consent decree issued under CERCLA may be redelegated to the
Division Director level. The other authorities cited in paragraph 1.
above may be redelegated. ^ .
5. ADDITIONAL REFERENCES.
a. Sections 104, 106, 107, 109, and 122 of CERCLA.
b. All applicable Agency guidance and directives.
c. For actions including 31 USC 3711 and its applicable regulations,
see delegations covering claims of EPA found in Chapter 1 of this Manual.
d. Settlements under CERCLA section 122(g) are covered by delegation
14-14-E, "De Minimis Settlements."
-------
DELEGATIONS MANUAL 1200 TO
THE COMPREHENSIVE ENVIRCWENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERQAT
14-13-C. Emergency TROs
1. A17THORITY. To refer to the Attorney General requests for emergency
Temporary Restraining Orders under the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCLA).
2. TO WHOM DFrraATED. Regional Administrators arid the Assistant Administrator
for Enforcement and Compliance Monitoring.
3. LIMITATIONS.
a. The Regional Administrator or his/her delegatee 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 Conqpliance Monitoring
or his/her delegatee must notify the appropriate Regional Administrator and
the Assistant Administrator for Solid Waste and Emergency Response or their
designees when exercising this authority.
4. pFnFT.RGATION ALTTHORITY. The Assistant Administrator for Enforcement and
Compliance Monitoring may redelegate this authority. The authority delegated
to Regional Administrators nay be redelegated to the On-Scene Coordinator
level.
5. ADDITIONAL REFERENCES.
a. Memorandum of Understanding between the Agency and the Department of
Justice.
b. Sections 106(a), 106(b) and 107 of CERCLA.
c. For referral of other civil actions under CERCLA, see Delegation 14-12,
"Civil Judicial Enforcement Actions."
-------
DELEGATIONS 1 200 '!•
APR 1 6 1364
THE COMPREHENSIVE E^JVIPOKMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT i CERCLA)
14-14-A. Determinations of Inrunent and Substantial End arc; errant
1. AUTHORITY. Pursuant to the Ccnprehensive Enviromental Response, Ccrrpensatior
and Liability Act (CERCLA), to make determinations that there may be an Liminent
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. REDZLEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 106(a) of CERCLA.
-------
DELEGATIONS M&NUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERQA)'
14-14-B. Administrative Actions Through Unilateral Orders
1. AL7IH3RITY. After giving notice to the affected State, to take
adjninistrative action pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCLA), including, but not
limited to, issuing such unilateral orders as may be necessary to protect
public health and welfare and the environment.-
2. TO WHOM DFT.PLATED. Regional Administrators.
3. LIMITATIONS. Regional Administrators or their delegatees must consult
with the Assistant Administrator for Solid Waste and Emergency Response or
his/her designee when exercising this authority.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 104, 106, and 122 of CERCLA.
b. Applicable Agency guidance and OSWER directives.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCLA)
14-14-C. Administrative 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, as amended (CEPGLAj, including, but' not
limited to, issuing such orders on consent as may be necessary to protect
public health and welfare and the environment.
2. TO WHOM DET.FTGATED. Regional Administrators.
3. LIMITATIONS.
a. Regional Administrators or their delegatees must obtain the advance
concurrence of the Assistant Administrator for Solid Waste and Emergency
Response or his/her designee before exercising any of the above authorities.
b. The Assistant Administrator for Solid Waste and Emergency Response
or his/her designee may waive advance concurrence requirements by memorandum.
c. This authority does not include recovery of response costs under
CERCLA Section 122(h) or settlements with de minimis parties under CERCLA
Section 122(g).
4. REDELEGATICN AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 104, 106, and 122 of CERCLA.
b. All applicable Agency guidance and directives.
c. Authority to enter into or exercise Agency concurrence authority
for non-judicial cost recovery agreements or administrative orders is
delegated in 14-14-D, "Cost Recovery Non-Judicial Agreements and Administrative
Consent Orders."
d. Authority to enter into or exercise Agency concurrence authority in
de minimis settlements under CERCLA Section 122(g) is delegated in Delegation
14-14-E, "De Minimis Settlements."
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
L4-14-D. Cost Recovery Non-vTudicial Agreements and Administrative
Consent Orders
1. AL7IH3RITY. Pursuant to the Comprehensive Environmental Response,
Conpensation and Liability Act, as amended (CERCLA), to enter into or
exercise Agency concurrence in non-judicial agreements or administrative
orders for the recovery of costs of response.
2. TO WHOM DFT,FrcATED. Regional Administrators.
3. LIMITATIONS.
a. For settlements where the total response costs at the facility exceed
$500,000 (excluding interest) and the settlement compromises a claim of the
United States, Regional Administrators or their delegatees must consult
with the Assistant Administrator for Solid Waste and Emergency Response
and the Assistant Administrator for Enforcement and Compliance Monitoring
or their designees before exercising any of the above authorities, unless
such consultation is waived by memorandum.
b. This authority does not include de minimis settlements under CERCLA
Section 122(g).
4. REDELEGATION ALfIH3RITY. This authority may be redelegated to the Branch
•Chief level.
5. ADDITIONAL REFERENCES.
a. Sections 104, 107, and 122 of CERCLA.
b. All applicable Agency guidance and directives.
c. Authority to enter consent orders for administrative actions is
delegated in 14-14-C, "Administrative Actions Through Consent Orders."
d. Authority to enter into or exercise Agency concurrence authority in
de minimis settlements under CERCLA Section 122(g) is delegated in Delegation
T3-14-E, "De Minimis Settlements."
-------
DELEGATIONS MANUAL 1200 TN
TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-14-E. De Minimis Settlements
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability .Act, as amended (CERCLA), to enter into or
exercise Agency concurrence in de mining's settlements under Section 122(g).
**'
2. TO WHOM DTT-FraVTED. Regional Administrators.
3. LIMITATIONS .
a. Regional Administrators or their delegatees must obtain the
advance concurrence of the Assistant Administrator for Enforcement and
Compliance Monitoring and the Assistant Administrator for Solid Waste and
Emergency Response, or their designees, for settlements under Section
122(g), unless such concurrence is waived by memorandum.
b. The Assistant Administrator for Enforcement and Compliance
Monitoring and the Assistant Administrator for Solid Waste and Emergency
Response or their designees must either concur, non-concur or request
additional time for review within 10 days of receipt of the request for
concurrence. If the Assistant Administrator for Enforcement and Compliance
Monitoring and the Assistant Administrator for Solid Waste and Emergency
Response or their designees do not concur, non-concur, or request additional
time, the Regional Administrator nay enter into or exercise Agency concurrence
in de minimis settlements without the concurrence of the Assistant
Administrator for Enforcement and Compliance Monitoring and the Assistant
Administrator for Solid Waste and Emergency Response.
c. Six months after the Administrator's signature of this delegation,
the Assistant Administrator for Enforcement and Compliance Monitorinc and
the Assistant Administrator for Solid Waste and Emergency Response will
review each Region's experience settling de minimis cases using this Section
122 (g) authority and, based upon that review, will consider waiving or
modifying any advance concurrence requirement on a Region-by-Region basis.
4. REDPTJy^ATICtf ALTrHDRITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 106, 107 and 122 of CERCLA.
b. All applicable Agency guidance and directives.
c. Authority to recover costs other than in de minimis settlements
is delegated in 14-14-D, "Cost Recovery *fon-Judicial Agreements and
Administrative Consent Orders," and in 14-13-B, "Concurrence in Settlement
of Civil Judicial Actions."
-------
DELEGATIONS 1200
APR 1 6 1984
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-15. Guidelines for Use of Inrr.inent 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. TC 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 Vteste and Emergency Response before exercising this authority.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. .ADDITIONAL REFERENCES. Section 106(c) of CERCLA.
-------
DELEGATIONS MANUAL 1200 TO
THE COMPREHENSIVE ENVIROtMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCIA)
14-16. Demand Letters
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCLA), to prepare, sign and
issue demand letters to responsible parties.
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.
a. Sections 104, 106, 107, 109, 113, and 122 of CERCIA.
b. All applicable Agency guidance and directives.
-------
DELEGATIONS ^«NUAL 1200 TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)"
14-17-A. National Priorities List; Federal Register Submission of
Proposed and Final Additions and Deletions
1. ALfffiORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCLA^:
a. To sign and submit to the Federal Register proposed and final
rulemaking documents which add sites to the National Priorities List (NFL)
of hazardous waste sites, and to sign and submit to the Federal Register
proposed and final notices which delete sites from the NPL.
b. To sign and submit to the Federal Register proposed and final
rulemaking documents which announce NPL eligibility policy.
c. To sign and submit to the Federal Register notices of intent to
delete sites from the National Priorities List.
2. TO WHOM DPT .ELATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATIONS.
*. Assistant Administrator for Solid Waste and Emergency Response or
his/her delegatee may exercise authorities l.a. and l.b. only.
b. Regional Administrators may exercise authority I.e. only. Before
exercising this authority, the Regional Administrator must obtain the
concurrence of the Assistant Administrator for Solid Waste and Emergency
Response or designee.
4. REDFT.FnATICK AI7IHORITY.
a. Authority l.a. may be redelegated only to the Deputy Assistant
Administrator for Solid Waste and Emergency Response.
b. Authority l.b. and I.e. may not be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 105(a)(8)(B), 105(g)(2), 118, and I25(b) of CERCLA.
b. Section 118(p) of the Superfund Amendments and Reauthorization Act
(SARA).
c. National Contingency Plan, 40 CFR 300.
-------
DELEGATIONS WttJUAL 1200 TN
TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE.
COMPENSATION AND LIABILITY ACT (CERCIA)
14-17-B. National Priorities List; Restoring Sites, Petitions to Assess,
Evaluations of Serious Threats, ana Redetermining Priority
1. AL7THORITY. Pursuant to Comprehensive Environmental Response, Compensation
and Liability Act, as amended (CERCLA) :
x"
a. To restore sites listed as a "Site Cleaned Up to Date" to the NPL
without the application of hazard ranking whenever there is a significant
release of hazardous substances, pollutants or contaminants from the site.
b. To conduct Preliminary Assessments of a release or threatened release
of hazardous substances, pollutants, or contaminants in response to petitions,
and upon finding that the release or threatened release may pose a threat
to human health or the environment, to evaluate the release or threatened
release with the hazard ranking system.
c. To evaluate releases or threatened releases, where health assessments
under section 104(i) indicate such releases may pose a serious threat to
human health or the environment, with the hazard ranking system.
d. To determine whether the site shall be placed on the NPL or accorded
a higher priority on the NPL as a result of evaluations under section
'
2. TO WHOM DET.FravrED. The Assistant Administrator for Solid Waste and
Emergency Response and Regional Administrators.
3. LIMITATIONS .
a. The Assistant Administrator for Solid Waste and Emergency Response
nay exercise authorities l.a and l.d. only.
b. Regional MarLnistrators or their delegatees may exercise authorities
l.b and l.c only.
4. REDELEGATICN AlTmDRITY.
a. The Assistant Administrator for Solid Waste and Emergency Response may
not redelegate this authority.
b. Regional Administrators may redelegate this authority.
-------
-2-
DELEGATION5 MANUAL 1200 TN
CCMPREHENSIVE EWIRCWENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA.)
14-17-B. .Mational Priorities List; Restoring Sites, Petitions to Assess,
Evaluations of Serious Threats, and Redetermining Policy (cont1)
5. ADDITIONAL REFERENCES.
a. Sections 104(i), 105(e), 105(a)(8)(B), 105(d), 105(g)(2), 118, and
125(b) of CERCLA. [Note that CERCLA section 104(j) is printed in the,middle
of section 104(i). Sections 104(i)(6)(h) can be found on page 28 of .Senate
Print 99-217, "The Comprehensive Environmental Response, Condensation'and
Liability Act of 1980 (Superfund) (P.L. 96.-510), as amended by the Superfund
Amendments and Reauthorization Act of 1986 (P.L. 99-499)," December 1986.]
b. Section 118(p) of the Superfund Amendments and Reauthorization Act
(SARA).
c. National Contingency Plan, 40 CFR 300.
-------
DELEGATIONS MANUAL 1200 TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLAT
14-18-B. Hazardous Substance Research
1. AI/THORITY. Pursuant to the Comprehensive Environmental Response,
Conpensation and Liability Act, as amended (CERCLA), to carry out a program
of hazardous substance research; to approve grants -and cooperative agreements
for hazardous substance research, and to conduct.and support such research
through contracts, as authorized under section 311(c) of CERCLA.
2. TO WHOM DFT.FTATED. Assistant Administrator for Research and Development.
3. LIMITATIONS. The Assistant Administrator for Research and Development
or delegatee will exercise this authority in accordance with plans and
priorities developed in consultation with the Assistant Administrator for
Solid Waste and Emergency Response or designee.
4. REDFTJTGATICN AL7IH3RITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES. Section 311(c) of CERCLA.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLAT~
14-19. Contractor Indejxnificaticn
1. AI/THORITY. Pursuant to the Conprehensive Environmental Response, Conpen-
sation and Liability Act, as amended (CEPCLA), to approve the indemnification
of response action contractors. This authority is to include authorizing
payments. '
2. TO WHOM DFr.FravrED. Assistant Administrator for Solid Waste and Emergency
Response.
3. PFDFT.FGATICN AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Section 119 of CERCLA.
b. Delegation of contract award authority is covered in Delegation 1-2,
"Designation of Agency Procurement Executive," in Chapter 1 of the Delegations
Manual.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"CCMPENSATION AND LIABILITY ACT (CERCLA) "
14-20-A. Love Canal Cooperative Agreement for Maintenance of Properties
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCLA), to enter into a
cooperative agreement with the State of New York for the maintenance of all
properties within the Love Canal Emergency Declaration Area that have been
acquired by any public agency or authority of the State.
2. TO WHOM DFT.RGATED. Regional Administrator for Region II.
3. REDELEGATION AITTHORITY. This authority may not be redelegated.
4. ADDITIONAL REFERENCES. Section 312(d) of CERCLA.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
-"^COMPENSATION AND LIABILITY ACT (CERCLAF
14-20-B. Love Canal Cooperative Agreements and Grants
1. ALTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act as amended (CERCLA), to enter into a cooperative
agreement with a public agency or authority of the State of New York, in which
such Agency agrees to take title to the acquired properties, and to approve
grants to the State of New York or a public agency for the acquisition of
private property in the Love Canal Emergency Declaration Area.
2. TO WHOM DELEGATED. Regional Administrator, Region II.
3. RFDFLFKATION ALTOORITY. This authority may not be redelegated.
4. ADDITIONAL REFERENCES. Section 312 of CERCLA.
-------
DELEGATIONS MANUAL , 1200 TN
TOE COMPREHENSIVE ENVLRCWEOTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
14-26. Federal Lien
I. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCLA), to file notice of
and assert either a federal lien upon real property and any rights to
such property, or a maritime lien in favor of the United States.
2. TO WHOM D'yTJXjATED.' Regional Administrators.
3. LIMITATIONS . Regional Administrators or their delegatees must notify
the Assistant Administrator for Solid Waste and Emergency Response or
his/her designee when exercising the above authority.
4. pFDFT.FTGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 107(1) and (m) of CERCLA.
b- Delegation 14-12, "Civil Judicial Enforcement Actions."
-------
DELEGATIONS MANUAL 1200 TN
THE OCMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLAT
14-27. Petitions for Reimbursement
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA), to receive, evaluate, and
make determinations regarding petitions for reimbursement of the costs of
abatement actions incurred in carrying out a section 106 order. This
authority includes authorizing payment. ^ •
2. TO WHCM PET .BOATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. PFTtFT.RGATIQN ALTTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Section 106 of CERCLA.
b. Applicable Agency guidance and directives.
-------
DELEGATIONS MANUAL 1200 TO
THE COMPREHENSIVE QJVIRCWEOTAL RESPONSE,
"COMPENSATION, AND LIABILITY ACT (CERCLA)
14-28. Federal Agency Hazardous Waste Compliance Docket
1. AL7IH3RITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA), to establish and maintain a
Federal Agency Hazardous Waste Compliance Docket.
2. TO WHOM DET.FGATED. Assistant Administrator Jor Solid Waste and'Emergency
Response and Regional Administrators.
3. REDFT.CATION ALrmORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES. Section 120 of CERCLA.
-------
DELEGATIONS MANUAL 1200 TN
TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
14-29. Investigations and Evaluations of Employment Shifts and Loss
1. AUTHORITY. Pursuant to section 110(e) of the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended (CERCLA) and Section 554,
Title 5 of the United States Code, to conduct investigations and evaluations
of potential loss or shifts of employment, provide for public hearings, and
make findings of fact concerning threatened plant closures or reductions in
employment•
2. TO WHOM DFTJXSATED. Assistant Administrator for Solid Waste and Emergency
Response, Assistant Administrator for Enforcement and Compliance Monitoring,
and Regional Administrators.
3. LIMITATIONS.
a. The authority delegated to the Assistant Administrator for Solid Waste
and Emergency Response is limited to conducting investigations and evaluations.
b. The authority delegated to the Assistant Administrator for Enforcement
and Compliance Monitoring is limited to providing for public hearings and to
making findings of fact subject to the Administrative Procedures Act.
4. REDFr.FKA.TION AUTHORITY. This authority may be redelegated to the Division
Director Level.
5. ADDITIONAL REFERENCES.
a. Section 110(e) of CERCLA.
b. Section 554, Title 5 of the United States Code.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLAT
14-30. Acquisition of Property
1. A17THORITY. Pursuant to the Comprehensive Environmental Response,
Condensation and Liability Act, as amended (CERCLA):
r*
a. To determine whether real property affected by a Federal-'or State-
lead Fund-financed response shall be acquiredr
b. To authorize the acquisition of appropriate interest in the real
property; and
c. To obtain agreement from the affected State to accept transfer of
a property interest acquired by EPA following completion of the response.
2. TO WHOM DFT.FX3ATED. l.a. is delegated to the Assistant Administrator for
Solid Waste and Emergency Response and Regional Administrators; l.b. is
delegated to the Assistant Administrator for Solid Waste and Emergency
Response with regard to EPA acquisitions and to the Regional Administrators
with regard to acquisitions under cooperative agreements; I.e. is delegated
to Regional Administrators.
3. LIMITATIONS.
a. Before making a determination that real property shall be acquired
by EPA or pursuant to a cooperative agreement for response action, including
a removal, remedial planning activity, or remedial action, the Assistant
Administrator for Solid Waste and Emergency Response or his/her delegatee
must obtain the advance concurrence of the General Counsel or his/her
designee, and Regional Administrators or their delegatees must obtain the
advance concurrence of the Assistant Administrator for Solid Waste and
Emergency Response and the General Counsel or their designees. The Assistant
Administrator for Solid Waste and Emergency Response and the General Counsel
or their designees may waive the advance concurrence requirement by
rnemorandum.
b. Before EPA acquires an interest in real property for the purpose
of a response action, including a removal, remedial planning activity, or
remedial action, the Assistant Administrator for Solid Waste and Emergency
Response or his/her delegatee must obtain the advance concurrence of the
General Counsel or his/her designee. The General Counsel or his/her designee
may waive the advance concurrence requirement by memorandum.
-------
-2-
DELEGATIONS MANUAL 1200 TN
TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION, AND LIABILITY ACT (CERCLAT
14-30. Acquisition of Property (conf)
4. REDELEGATION AL7THORITY. The Assistant Adminstrator for Solid Waste and
Emergency Response and Regional Administrators nay redelegate authority to
the Division Director level.
5. ADDITIONAL REFERENCES.
a. Section 104 of CERCLA.
b. 40 CFR Part 30, Federal Procurement Practices.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERQA)
14-31. Administrative Penalty Actions
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCLA), to make determinations
of violations under section 109, to assess penalties, to issue notices,
orders or complaints, and to compile the administrative record upon which
the violation was found or the penalty was imposed/ and to negotiate and
sign consent orders memorializing settlements under Section 109 between the
Agency and respondents.
2. TO WHOM DETraATED. Regional Administrators.
3. LLMITATIONS. Regional Administrators or their delegatees must notify
the Assistant Administrator for Solid Waste and Emergency Response or
his/her designee when exercising any of the above authorities.
4. REDELEGATION ALTmORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. All applicable Agency guidance and directives.
b. Section 109 of CERCLA.
-------
DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVLRCWEOTAL RESPONSE,
QCMPENSATION, AND LIABILITY ACT (CERCLA)
14-32. Administrative Enforcement: Agency Representation at Hearings
1. AUIH3RITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCLA), to represent
the Agency in administrative enforcement actions following issuance of an
administrative complaint or order under CERCLA Section 109 and/or 5 U.S.C.
Section 554; to negotiate consent agreements between the Agency and
respondents resulting from such enforcement actions; to initiate an
administrative appeal from an administrative determination, and to represent
the Agency in such appeals.
2. TO WHCM DFT.n^ATED. Regional Administrators.
3. LIMITATIONS. This authority may only be exercised after the alleged
violator files an answer, or fails to file an answer within the appropriate
timeframe.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. All applicable Agency guidance and directives.
b. Section 109 of CERCLA.
-------
DELEGATIONS MANUAL 1200 TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLAj
14-33. Administrative Enforcement: Issuance of Final Orders
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCLA), to issue final orders
resulting from administrative enforcement actions under Section 109 of CERCLA.
2. TO WHOM DFT.FTGATED. The Chief Judicial Officer.
3. LIMITATIONS.
a. The Chief Judicial Officer and delegatees may not be employed by
the Office of Enforcement and Compliance Monitoring or by any program
office with responsibility for taking enforcement actions against the type
of violation at issue in the involved proceeding.
b. If this authority is redelegated to other Judicial Officers,
decisions rendered pursuant to redelegated authority must be with the
written concurrence of the Chief Judicial Officer.
4. pFTiFT.FXSATICN AUTHORITY. This authority may be redelegated in individual
proceedings to other Judicial Officers. Nothing in this delegation shall
preclude the Chief Judicial Officer from referring any notion or other matter
in any proceeding to the Administrator when the Chief Judicial Officer
determines referral to be appropriate.
5. ADDITIONAL REFERENCES.
a. Section 109 of CERCLA.
b. Delegation 1-38, "Adjudicatory Proceedings."
c. All applicable Agency guidance and directives.
-------
DELEGATIONS MANUAL 1200 TO
THE SUPEKHJND AMEMMEOTS AND REAL7THORIZATICN ACT (SARA)
14-34. Waiver of Permit Requirements in the State of Illinois
1. ALflTORITY. Pursuant to the Superfund Amendments and Reauthorization
Act (SARA), to approve or deny a waiver by the State of Illinois of any permit
requirement under Subtitle C of the Solid Waste Disposal Act, which would
otherwise be applicable to State remedial actions involving onsite mobile
incinerator units.
r-~
2. TO WHOM DFTJgATED. Regional Administrator, Region 5, and the Assistant
Administrator for Solid Waste and Emergency Response.
3. LIMITATIONS.
a. Statutory conditions must be met regarding prohibition of offsite
transfer, protectiveness of the remedial action, and public participation.
b. Waiver authority terminates on October 17, 1989 unless the State
demonstrates that operation of mobile incinerators in the State has sufficiently
protected public health and the environment and is consistent with the criteria
required for a permit under Subtitle C of the Solid Waste Disposal Act.
c. The Assistant Administrator for Solid Waste and Emergency Response
is authorized to determine whether the State has met the requirements of
section 118(i)(3) of SARA.
4. REDELBGATION AL7IHORITY. This authority may not be redelegated.
5. ADDITIONAL REFERENCES. Section 118(i) of SARA.
-------
DELEGATIONS MANUAL 1200 TN
TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION, AND LIABILITY ACT (CERCLA)
14-35. List of Hazardous Substances and Toxicological Profiles
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCLA):
a. In cooperation with the Administrator of the'Agency for Toxic
Substances and Disease Registry (ATSDR), to prepare and revise periodically
a prioritized list of hazardous substances that are most commonly found at
facilities on the National Priorities List and that pose the most significant
potential threat to human health;
b. In cooperation with the Administrator of ATSDR, to develop
guidelines for the development of toxicological profiles for each of the
listed hazardous substances.
2. TO WHOM DKT.FX3ATED. Assistant Administrator for Pesticides and Toxic
Substances.
3. LIMITATIONS. The Assistant Administrator for Pesticides and Toxic
Substances or his/her delegatee must consult with the Assistant Adminstrator
for Solid Waste and Emergency Response and with the Assistant Administrator
for Research and Development or their designees when exercising the authorities
specified in paragraphs l.a and l.b.
4. PFDFT.FTGATION. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Sections 104(i)(2) and (3) of CERCLA.
*[Note that CERCLA section 104(j) is printed in the middle of Section
104(i). Sections 104(i)(2) and (3) can be found on pages 24-25 of
Senate Print 99-217, "The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (Superfund) (P.L. 96-510), as
amended by the Superfund Amendments and Reauthorization Act of 1986
(P.L. 99-499)," December 1986.]
-------
DELEGATIONS MANIAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCIA)
14-36. Lead Cor.tamir.ated Soil
1. ALTmORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCIA):
x '
a. to designate one to three differant metropolitan areas and'to
allocate among them up to $15 million for pilot program activities described
in l.b;
b. to approve, award, and administer grar.t(s) or cooperative agreement(s)
to a State, local government or other recipient to carry out a pilot program
for removal, decontamination, or other action with respect to lead-contaminated
soil.
2. TO WHOM DELEGATED. The authority in l.a is delegated to the Assistant
Administrator for Solid Waste and Emergency Response. The authority in l.b
is delegated to Regional Administrators responsible for the metropolitan
areas designated in l.a.
3. LIMITATIONS. Prior to the award of a grant or cooperative agreement
under the authority in l.b, Regional Administrators or their delegatees
ITTUSI obtain the advance concurrence of the Assistant Administrator for
Solid Waste and Emergency Response or his/her desigr.ee.
4. REDELBGATION ALTOORITY. The Assistant Administrator for Solid Waste arc
Emerge.-.cy Response (AA/OSWER) may redelegate the authority in l.a to the
Director, Office of Emergency and Remedial Response. Regional Administrators
•nay redelegate the authority in l.b to the Division Director level.
4. ADDITIONAL REFERENCES.
a. Section 111 (a) of CERCIA.
b. 40 CFR 30 and 40 CFR 33, EPA grant regulations.
-------
DELEGATIONS MMKAL 1200 TO
THE COMPREHENSIVE ENVIRCWENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
14-37. Reimbursement to Local Governments
1. ALTOORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCLA), to receive, evaluate,
and make determinations regarding requests for reimbursement to local
community authorities for expenses incurred in carrying out temporary
emergency measures in response to releases or threatened releases of hazardous
substances, pollutants, or contaminants. This authority is to include
authorizing payment.
2. TO WHOM DFT.FTGATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. LIMITATIONS. Curing the five-fiscal-year period beginning October 1,
1986, not more than 0.1 percent of the total amount appropriated from the
Fund may be used for such reimbursements.
4. REDELEGATION ALTIH3RITY. This authority may be redelegated to the
Division Director level.
5. ADDITIONAL REFERENCES.
a. Sections lll(c)(ll) and 123 of CERC1A.
b. Agency regulations on reimbursement to local governments for
temporary emergency measures.
-------
DELEGATIONS ^ftNUAL 1200 TN
SUPERHJND AMENDMENTS AND REAL/MORIZATICN ACT (SARA)
14-38. EPA Role in Department of Defense Environmental Restoration Program
1. AL7THORITY. Pursuant to Title 10, United States Code, Chapter 160, as
amended by Section 211 of the Superfund Amendments and Reauthorization Act
of 1986 (SARA):
X
a. To provide consultation to the Secretary of Defense or his/her
designee(s) to carry out a program of environmental restoration at facili-
ties under his/her jurisdiction.
b. To provide cooperation and consultation to the Secretary of Defense
or his/her designee(s) to carry out a program of research, development and
demonstration with respect to hazardous wastes.
c. To prepare health advisories at the request of the Secretary of
Defense, using such sums transferred from amounts appropriated to the
Department of Defense.
d. To receive and comment on notices of release and proposals for
response actions under Chapter 160, § 2705, Department of Defense environ-
mental restoration activities.
2. TO WHOM DFTJTGATED. The Assistant Administrator for Solid Waste and
Emergency Response, the Assistant Administrator for Research and Develop-
ment, the Assistant Administrator for Water, and Regional Administrators.
3. LIMITATIONS.
a. The Assistant Administrator for Solid Waste and Emergency Response
or his/her delegatee may exercise authorities l.a, l.b and l.d only.
b. Regional Administrators or their delegatees may exercise authorities
l.a and l.d only.
c. The Assistant Adnanistrator for Research and Development or his/her
delegatees may exercise authority 1.b only, and shall consult with the
Assistant Administrator for Solid Waste and Emetyeiicy Response or his/her
designee when providing consultation to the Secretary of Defense under this
authority.
d. The Assistant Administrator for Water or his/her delegatee may
exercise authority l.c only, and shall consult with the Assistant Administrator
for Research and Development or his/her designee when preparing health
advisories under this authority.
4. REDELEGATICN AUTHORITY. The above authorities may be redelegated.
-------
-2-
DELBGATICNS MMIUAL 1200 TN
TOE SUPERFUND AMENEMEOTS AND REAL/MORI ZATION ACT
14-38. EPA Role in Department of Defense Environmental
Restoration Program (cent1)
5. ADDITIONAL REFERENCES.
a. Section 211 of SARA.
b. Title 10, United States Code, Chapter 160, Sections 2701, 2702,
2704, and 2705 ("Armed Forces, Environmental Restoration").
-------
DELEGATIONS MANUAL 1200 TN
THE OCMPREHENSrVE ENVIRCWEOTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
14-21. Agreements with other Federal Agencies
1. ALTOORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA): to consult with agencies,
departments, and ins trumentali ties regarding investigations and studies of
federal facilities conducted under section 120(e)(l);, to review the plans for
and results of such investigations and studies; and to enter into an agreement
with the head of the department, agency or instrumentality for completion by
the department, agency or instrumentality of all necessary response actions
at the Federal facility.
2. TO WHOM DFT.FrajED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATIONS .
a. Regional Administrators or their delegatees may exercise this
authority for sites or particular operable units at a site within their Regions
listed in the Remedy Delegation Report issued periodically by the Assistant
Administrator for Solid Waste and Emergency Response.
b. The Assistant Administrator for Solid Waste and Emergency Response
or delegates must obtain the concurrence of the Assistant Administrator for
Enforcement and Compliance Monitoring or designee on agreements under section
120 with other Federal departments, agencies, or instrumentalities at sites
where viable non-Federal potentially responsible parties are identified.
AL7IHDRITY. The Assistant Administrator for Solid Waste and
Emergency Response may redelegate this authority to the Division Director
level, except for the authority to enter into agreements for completion of
remedial actions, which may be delegated only to the Office Director level.
The Regional Administrator nay redelegate this authority to the Division
Director level, except for the authority to enter into agreements for
completion of remedial actions, which may be redelegated only to the Deputy
Regional Administrator.
5. ADDITIONAL REFERENCES;
a. Section 120 of CERCLA
b. Applicable Agency guidance and directives.
-------
DELEGATIONS MANUAL 1200 TO
TOE COMPREHENSIVE ENVIRCtMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
14-21. Agreements with other Federal Agencies
1. ALTmORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA): to consult with agencies,
departments, and instrumentalities regarding investigations and studies of
federal facilities conducted under section 120(e)(l); to review the plans for
and results of such investigations and studies; and to enter into an agreement
with the head of the department, agency or instrumentality for conpletioh by
the department, agency or instrumentality of^all necessary response actions
at the Federal facility.
2. TO WHCM prT,RGATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATIONS.
a. Regional Administrators or their delegatees may exercise this
authority for sites or particular operable units at a site within their Regions
listed in the Remedy Delegation Report issued periodically by the Assistant
Administrator for Solid Waste and Emergency Response.
b. The Assistant Administrator for Solid Waste and Emergency Response
or delegatee must obtain the concurrence of the Assistant Administrator for
Enforcement and Compliance Monitoring or designee on agreements under section
120 with other Federal departments, agencies, or instrumentalities at sites
where viable non-Federal potentially responsible parties are identified.
4. PFDFT.RATION ALTIHORITY. The Assistant Administrator for Solid Waste and
Emergency Response may redelegate this authority to the Division Director
level, except for the authority to enter into agreements for completion of
remedial actions, which may be delegated only to the Office Director level.
The Regional Administrator may redelegate this authority to the Division
Director level, except for the authority to enter into agreements for
completion of remedial actions, which may be redelegated only to the Deputy
Regional Administrator.
5. ADDITIONAL REFERENCES;
a. Section 120 of CERCLA
b. Applicable Agency guidance and directives.
-------
DELEGATIONS MANUAL 1200 TO
THE OCMPREHENSIVE ENVIRCtMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLAT
14-23. Public Participation
1. ALfTHORITY. Pursuant to the Comprehensive Environmental Response,
Condensation, and Liability Act, as amended (CERCLA): to provide notice,
brief analysis, reasonable opportunity for submission of written and oral
comments on the proposed plan, and opportunity for a public meeting at or
near the facility at issue; to keep a transcript-of'the meeting and/make
that transcript available; to publish notice of the adoption of the final
plan for the remedial action; and to publish an explanation of significant
differences between the final plan and actions taken.
2. TO WHOM DET.mATED. Regional Administrators.
3. REDELEGATIQN ALfmORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Sections 104; 106; 117(a), (b), (c), (d); 120; 121; and 122 of CERCLA.
b. National Contingency Plan, 40 CFR 300.
-------
DELEGATIONS MANUAL 1200 TO
THE COMPREHENSIVE ENVIR01SMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
14-24. Grants for Technical Assistance
I. AL/mORITY. To perform all actions necessary to approve assistance
agreements pursuant to Section 117(e) of the Comprehensive Environmental
Response, Condensation, and Liability Act, as amended (CERCLA).
2. TO WHOM DET.raATED. Regional Administrators.
3. LIMITATIONS.
a. This authority shall be exercised in accordance with Agency regulations
under section 117(e) and Agency grant regulations, 40 CFR 30 and 40 CFR 33.
b. Regional Administrators or their delegatees must obtain the advance
concurrence of the Assistant Administrator for Solid Waste and Emergency
Response or iesignee before waiving the limit of $50,000 per recipient under
section 117(e)(2). The Assistant Administrator for Solid Waste and Emergency
Response may waive the advance concurrence requirement by memorandum.
4. pFDFT.FX]ATICN A17WORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 117(e) of CERCLA.
b. Agency grant regulations, 40 CFR 30 and 40 CFR 33.
c. Agency regulations under section 117(e).
d. The authority to execute assistance agreements is delegated in
Delegation 1-14.
-------
DELEGATIONS MANUAL 1200 TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERQA)
14-25. Notification of Trustees
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCLA), to notify appropriate
Federal and State natural resource trustees of potential damages to natural
resources resulting from releases of hazardous substances, pollutants, or
contaminants, and to coordinate assessments, investigations, and planning
with such trustees. To notify these trustees of negotiations under 'section
I22(j)(l) related to such release, and to receive notice of designation of
State trustees under section 107(f)(2)(b).
2. TO WHOM DFT,Fra\TED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. REDELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Sections 104(b)(2), 107(f)(2)(B), and 122(j)(l) of CERCLA
b. Applicable Agency guidance and directives
c. National Contingency Plan, 40 CHI 300.
-------
DELEGATIONS MANUAL 1200 TN
SOLID WASTE DISPOSAL ACT (SWDA)
8-33. Selection and Performance of Federal Corrective Actions
at Leaking Underground Storage Tanks
1. AUTHORITY. Pursuant to Subtitle I of the Solid Waste Disposal Act as
amended (SWDA), to determine the necessity of and to select Federal corrective
actions at leaking underground storage tanks containing petroleum, to enter
property and to perform such corrective actions.
*• '
2. TO WHOM DFT.raATED. Assistant Administrator for Solid Waste and'Emergency
Response and Regional Administrators.
3. LIMITATIONS.
a. Regional Administrators or their delegatees may exercise this
authority only for requests for obligations not exceeding $50,000, and must
comply with Federal lead UST corrective action guidance issued by the
Assistant Administrator for Solid Waste and Emergency Response.
b. If this authority is redelegated, the Director, Office of Emergency
and Remedial Response, must obtain the advance concurrence of the Director,
Office of Underground Storage Tanks.
4. REDFT.fnATIGN AUTHORITY.
a. This authority may be redelegated by the Assistant Administrator for
Solid Waste and Emergency Response to the Director, Office of Emergency and
Remedial Response.
b- Regional Administrators may redelegate this authority to Division
Directors, who may then redelegate to On-Scene Coordinators.
5. ADDITIONAL REFERENCES.
a. Superfund Removal directives.
b. Section 9005(a) of SWDA.
c. Section 9003(h) of SWDA.
d. UST corrective action procedures.
-------
DELEGATIONS MANUAL 1200 TO
TITI£ III OF THE SUPERRJND AMENEMEOTS AND REALTmORIZATIGN ACT
(TITLE III of SARA)
"Emergency Planning and Community Right to Know Act"
22-1. Civil Judicial Enforcement Actions
1. ALTIH3RITY. To request the Attorney General to appear and represent the
Agency in any civil enforcement actions pursuant to Title III of the Superfund
Amendments and Reauthorization Act (SARA); to intervene in any civil
enforcement actions instituted under Title III of SARA; 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 DFTrJGATED. Assistant Administrator for Enforcement and Compliance
Monitoring and the General Counsel.
3. LIMITATIONS.
a. The Assistant Administrator for Enforcement and Compliance Monitoring
or his/her delegatee must notify the Assistant Administrator for Solid Waste
and Emergency Response, the Assistant Administrator for Pesticides and Toxic
Substances, and the appropriate Regional Administrator or their designees
when exercising the authority described above.
b. The General Counsel or his/her delegatee may exercise this authority
only in regard to civil appeals.
c. Any appeal authority will be exercised jointly by the General Counsel
and the Assistant Administrator for Enforcement and Compliance Monitoring, or
their delegatees.
4. RFT)FT.nGATION ALfraORITY. The authority to request the Attorney General
to decline to prosecute a previously referred civil enforcement action may
be redelegated to the Division Director level. The other authorities cited
in paragraph 1 above may be redelegated.
5. ADDITIONAL REFERENCES. Title III of SARA, Section 325.
-------
DELEGATIONS MANUAL 1200 TN
TITLE III OF THE SUPERFUND AMENEMEOTS AND REALTTHORIZATION ACT
(TITLE III of SARA)
"Emergency Planning and Community Right to Know Act"
22-2. Criminal Judicial Enforcement Actions
1. AUTHORITY. To cause criminal matters under Title III of the Superfund
Amendments and Reauthorization Act (SARA) to be referred to the Department of
Justice for assistance in field investigation, foj i-nitiation of a grand jury
investigation, for prosecution under Title III of SARA and to prosecute such
action to conclusion, including appeals.
2. TO WHOM DFITiRGATED. Assistant Administrator for Enforcement and Compliance
Monitoring and the General Counsel.
3. LIMITATIONS. .
a. The General Counsel or his/her delegatee may exercise this authority
only in regard to criminal appeals.
b. Any appeal authority will be exercised jointly by the General Counsel
and the Assistant Administrator for Enforcement and Compliance Monitoring or
their delegatees.
4. REDELEGATION AL7THORITY. This authority may be redeiegated.
5. ADDITIONAL REFERENCES. Title III of SARA, Section 325.
-------
DELEGATIONS MANUAL 1200 TN
TITLE III OF THE SUPERFUND AMENEMEOTS AND REALTmORIZATION ACT
(TITLE III of SARA)
"Emergency Planning and Community Right to Know Act"
22-3. Administrative Enforcement Actions
1. AUTHORITY. To take any administrative enforcement action under Title III
of the Superfund Amendments and Reauthorization Act (SARA) including but not
limited to issuing compliance orders, issuing warning letters or other notices,
conducting hearings and representing the Agency in such hearings, assessing and
collecting penalties, and issuing subpoenas.
2. TO WHOM DFTT.FX5ATED. Assistant Administrator for Solid Waste and Emergency
Response, Assistant Administrator for Pesticides and Toxic Substances, and
Regional Administrators•
3. LIMITATIONS.
a- The Assistant Administrator for Solid Waste and Emergency Response
or his/her delegatee may exercise this authority only in regard to sections
302, 303, 304, 311, 312, 322 and 323 of Title III of SARA, and must
notify the appropriate Regional Administrator when exercising this authority.
The Assistant Administrator for Solid Waste and Emergency Response or
delegatee must consult with the Assistant Administrator for Enforcement
and Compliance Monitoring or designee when conducting hearings, representing
the Agency at such hearings, and issuing subpoenas, unless such consultation
is waived by memorandum.
b. The Assistant Administrator for Pesticides and Toxic Substances
or his./her delegatee may exercise this authority only in regard to sections
313, 322 and 323 of Title III, and must notify the appropriate Regional
Administrator when exercising this authority. The Assistant Administrator
for Pesticides and Toxic Substances or his/her delegatee must consult
with the Assistant Administrator for Enforcement and Compliance Monitoring
-jr designee when conducting hearings, representing the Agency at such
hearings, and issuing subpoenas, unless such consultation is waived by
memorandum.
c. Regional Administrators or their delegatees must consult with the
Assistant Administrator for Solid Waste and Emergency Response or the Assistant
Administrator for Pesticides and Toxic Substances, or their designees, as
appropriate, before exercising this authority, unless such consultation is
waived by memorandum.
4. REDFTJXSATICN ALmiORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Title III of SARA, Section 325.
-------
DELEGATIONS MANUAL 1200 TN
TITLE III OF THE SUPERFUND AMENEMENTS AND REALfTHORIZATION ACT
(TITLE III Of SARA)
"Emergency Planning and Community Right to Know Act"
22-4. Notification by States of Facilities Subject to Planning Requirements
1. ALTmORITY. Pursuant to section 302(d) of Title III of the Superfund
Amendments and Reauthorization Act (SARA), to receive notifications from State
emergency response commissions of facilities subject-to the requirements of
Subtitle A of Title III of SARA.
2. TO WHOM DFT.RGATED. Assistant Administrator for the Office of Solid Waste
and Emergency Response and Regional Administrators.
3. REDELEGATION ALTTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES. Title III of SARA, Section 302.
-------
DELEGATIONS MANUAL 1200 TN
TITLE III OF THE SUPERFUND AMENEMENTS AND REAlfTHORIZATION ACT
(TITLE III of SARA)
"Emergency Planning and Community Right to Know Act"
22-5. Receipt of Petitions to List/Delist Chemicals and Responses
to Petitions
1. AUITiORITY. Pursuant to section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA), to receive petitions to add or
delete chemicals from the list of chemicals subject' to toxic chemical
release reporting under section 313(c), to publish an explanation of why
any such petition is denied, and to sign, rulemakings to modify the list.
2. TO WHOM DFT.RGATED. Assistant Administrator for the Office of
Pesticides and Toxic Substances.
3. REDELBGATION AimiORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Committee Print Number 99-169 of the Senate Committee on Environment
and Public Works ("Toxic Chemicals Subject to Section 313 of the Emergency
Planning and Community Right-to-Know Act of 1986").
b. Title III of SARA, Section 313.
c. Start Action Request #2425 to establish a standing workgroup to
review petitions.
-------
DELEGATIONS MANUAL 1200 TO
TITLE III OF THE SUPERFUND AMENDMEOTS AND REAL7THORIZATION ACT
(TITLE III of SARA)
"Emergency Planning and Community Right to Know Act"
22-6. Receipt of Toxic Chemical Release Forms
and National Toxic Chemical Inventory
1. ALTTHORITY. Pursuant to section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA):
r"''
a. To receive toxic chemical release forms submitted by the
owners or operators of facilities;
b. To establish and maintain in a computer database pursuant to
Section 313(j) for the purpose of maintaining a national toxic chemical
inventory submitted under section 313(a);
c. To make these data accessible by computer telecommunications
and other means to any person on a cost-reimbursable basis;
d. To establish policies regarding fees and to waive fees when in
the public interest.
2. TO WHOM DELEGATED. Assistant Administrator for the Office of Pesticides
and Toxic Substances.
3. R£DFT.Fr,ATICN ALTTHORITY. Authorities delegated in l.a, l.b, l.c and the
authority to waive fees in l.d may be redelegated. The authority in l.d to
establish policies on waiving of fees may be redelegated to the Division Director
level.
4. ADDITIONAL REFERENCES.
a. Title III of SARA, Section 313.
b. Waiving of fees mast be done in accordance with established policies.
-------
DELEGATIONS MANUAL 1200 TN
TITLE III OF THE SUPERRJND AMENDMENTS AND REAUIKORIZATION ACT
(TITLE III OF SARA)
"Emergency Planning and Community Right to Know Act"
22-7. Trade Secrets
1. AirmORITY. Pursuant to section 322 of Title III of the Super fund
Amendments and Reauthorization Act (SARA):
^-' '
a. To receive trade secret information under section 322(a) Of SARA.
b. To accept petitions for disclosure of trade secret information and
to make determinations regarding sufficiency of substantiations and regarding
trade secrecy under section 322(d).
c. To handle appeals under the petition process for disclosure of trade
secret information.
2. TO WHOM DELEGATED.
a. The authority in paragraphs l.a and l.b is delegated to the Assistant
Administrator for Solid Waste and Emergency Response with regard to sections
303, 311, and 312 of Title III of SARA.
b. The authority in paragraphs l.a and l.b is delegated to the Assistant
Administrator for Pesticides and Toxic Substances with regard to section
313 of Title III of SARA.
c. The authority in paragraph l.c is delegated to the General Counsel.
3. LIMITATIONS. The Assistant Administrator for the Office of Pesticides and
Toxic Substances, the Assistant Administrator for the Office of Solid Waste and
Emergency Response, and the General Counsel or their delegatees will consult
with Regional Administrators when exercising the above authority, as needed on
a site-specific basis.
4. REDFT.FnATICN AlfmDRITY. This authority may be redelegated to the Office
Director level or to the Director of the Preparedness Staff.
5. ADDITIONAL REFERENCES. Section 322 of SARA.
------- |