SUPERFUND
DELEGATIONS OF AUTHOBWY
U. S. Environmental Protection Agency
Office of Solid Waste and Emergency Response
401 M Street, S.W.
Washington, D.C. 20460
FEBRUARY 1988
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TABLE OF CONTENTS
INTRODUCTION 1
DELEGATIONS OF AUTHORITY UNDER CERCLA 2_
(APRIL 1984)
- INDEX
- CERCLA DELEGATIONS OF AUTHORITY
PROPOSED INTERIM DELEGATIONS OF AUTHORITY UNDER SARA 3
i
(FEBRUARY 1987)
- INDEX
- SUMMARY OF PROPOSED SARA INTERIM DELEGATIONS
OF AUTHORITY
- PROPOSED SARA INTERIM DELEGATIONS OF AUTHORITY
DELEGATIONS OF AUTHORITY UNDER SARA/CERCLA
(SEPTEMBER 1987)
- INDEX
- CERCLA/SARA DELEGATIONS OF AUTHORITY
PRESIDENTIAL DOCUMENTS
- EXECUTIVE ORDER 12316 (AUGUST 14, 1981)
"RESPONSES TO ENVIRONMENTAL CHANGE"
- EXECUTIVE ORDER 12580 (JANUARY 23, 1987)
"SUPERFUND IMPLEMENTATION"
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INTRODUCTION
The Superfund Delegations of Authorities Manual provides a
listing and collection of all delegations of authority issued under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1984 (CERCLA) and the Superfund Amendments and
Reauthorization Act of 1986 (SARA). This manual contains the
following three sets of delegations:
• Delegations of Authority Under CERCLA
• Proposed Interim Delegations of Authority Under
SARA
• Delegations of Authority Under SARA/CERCLA
The first set of delegations of authority were issued under
CERCLA and went into effect in April of 1984 (except where otherwise
noted). This set of delegations, like the following two, are indexed by
their delegation number and delegation title.
The second set of delegations of authority are the proposed
interim delegations submitted in February of 1987 to address the
changes made to the authorities of CERCLA as a result of SARA.
Finally, the third set of delegations are the final and revised
delegations of authority implementing the provisions of SARA, most of
which were approved in September 1987.
The Presidential Documents, Executive Order 12316 (August
14, 1981), "Responses to Environmental Change" and Executive
Order 12580 (January 23, 1987), "Superfund Implementation,"
delegating authorities under CERCLA and SARA, respectively, have
been included for reference.
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CERCLA DELEGATIONS OF AUTHORITY - Index
Delegation Delegation
number title
14-l-A Selection and Performance of Removal
Actions Costing Up to $1,000,000
(4/16/84)
14-1-B Superfund State Contracts and Cooperative
Agreements for Removal Actions (4/16/84)
14-2 'Extended Removal Actions (4/16/84)
14-4-A Planning Remedial Actions (4/16/84)
14-4-B " Selection of Initial Remedial Measures
(4/16/84)
14-4-C State Contracts and Cooperative Agreements
for Remedial Actions (4/16/84)
14-5 Selection of Remedial Actions (3/3/85)
(Supercedes same delegation of 4/16/84)
14-6 Inspections and Information Gathering
(4/16/84)
14-7 Combination of Noncontiguous Facilities
for Response Purposes (4/16/84)
14-8-A Studies and Investigations: Response
Actions (4/16/84)
14-8-B Studies and Investigations: Cost Recovery
and Enforcement Decisions (4/16/84)
14-9 Claims Asserted Against the Fund
(4/16/84)
14-10-A State Technical Assistance (4/16/84)
14-10-B State Legal Assistance (4/16/84)
14-11 Credit for State Expenditure (4/16/84)
14-12 Civil Judicial Enforcement Actions
(4/16/84)
14-13-A Criminal Enforcement Actions (4/16/84)
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CERCLA DELEGATIONS: Index (page 2)
Delegation Delegation
number title
14-13-B Settlement or Concurrence in Settlement
of Civil Judicial Actions (4/16/84)
14-13-C Emergency TRO's (4/16/84)
14-14-A Determinations of Imminent and Substantial
Endangerment (4/16/84)
14-14-B Abatement Actions Through Unilateral
Orders (4/16/84)
14-14-C Abatement Actions Through Consent Orders
(4/16/84)
14-15 Guidelines for Use of Imminent Hazard,
Enforcement, and Emergency Response
Authorities (4/16/84)
14-16 Demand Letters for Recovering Trust Fund
Expenditures (3/20/85)
14-17 National Priorities List (8/22/85)
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OSWER Directive 9260.2-00
Delegations of Authority Under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
Effective April 1984 except where noted
This document contains all delegations of authority issued under
CERCLA. Each delegation carries a separate directive number that
identifies it as an oficial policy issuance. Each delegation
should be referred to or cited by its official delegation number
and/or title, not the directive number.
U. S. ENVIRONMENTAL PROTECTION AGENCY
Office of Emergency and Remedial Response
Washington, D. C. 20460
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i o 1954
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCLA)
14-l-A. Selection and Performance of Removal Actions
Posting Up to $1,000,0007
1. AUTHORITY. Pursuant to the Conprehensive Environmental Response, Compen-
sation, and Liability Act (CERCLA), to determine the necessity of and to select
and perform removal actions costing up to $1,000,000:
a. Where the action is expected to last up to six months;
b. Where the action is expected to last more than six months; and
c. Wnere the action was expected to last up to six months, but requires
continuation.
2. TO WHOM DELEGATED. Rsgional Administrators.
3. LIMITATIONS.
a. Removal actions will not continue after $1,000,000 has been obligated,
unless authorized to continue under Delegation 14-2, "Removal Actions Costing
Over $1,000,000 and Continued Removal Actions after Obligations of $1,000,000."
b. This authority shall be exercised subject to directives issued by the
Assistant Administrator for Solid Waste and Emergency Response.
4. REDELEGATION AUTHORITY. The authority in l.a may be redelegated to the
Division Director level. The authority in l.a and l.b may be redelegated to
On-Scene Coordinators (On-Scene Coordinators are limited to the approval of
removal actions costing up to $50,000 in total). The authority in l.a and l.b
may not be further redelegated. The authority in l.c may not be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(a) of CERCLA.
b. Section 104(c)(l) of CERCLA.
c. National Contingency Plan (40 CFR 300.65 and 300.67).
d. Superfund Removal directives.
e. The $1,000,000 limit includes all extramural costs and Headquarters
and Regional intramural costs, except for all enforcement costs.
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OSWER Directive
DELEGATIONS
APR 1 6 1984
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, Ccmpen-
sation and Liability Act (CERCIA), based on a determination that a State or
political subdivision is capable of carrying out response actions, to enter
into a contract or cooperative agreement, as appropriate, with such State or
political subdivision to provide for the performance of removal actions and to
obtain the necessary assurances for such removal.actions.
2. TO WHOM DELEGATED. Regional Administrators.
3. LIMITATIONS.
a. This authority shall he exercised subject to directives issued by the
Assistant Administrator for Solid wa&te and Emergency Response.
b. The authority to enter into a contract with States, for the purpose of
this delegation, does not extend to procurement contracts.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(d)(l) of CERCLA requires a determination of a State's
capabilities and authorizes contracts or cooperative agreements.
b. Section 300.67 (b)(4) of the National Contingency Plan requires that
the States make certain assurances for "Planned Removals."
c. Superfund Removal directives.
d. Procurement contracts are limited by the Chapter 1 delegation entitled
"Appointnent of Designated Agency Procurement Executive."
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TTLBGATIONS
Ark 1 6 1984
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
OCMPENSATION AND LIABILITY ACT (CERCLA)
14-2. Removal Actions Initially Costing Over $1,000,000 and
Continued Removal Actions after Obligations of $1,000,000
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act (CERCLA), to determine the necessity of and to select
and perform removal actions costing over $1,000,000 and to authorize removal
actions to continue after $1,000,000 has been obligated.
i
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. REEELEGATION AUTHORITY. This authority may be re delegated.
4. ADDITIONAL REFERENCES.
a. Section 104(c)(l) of CERCLA.
b. National Contingency Plan (40 CFR 300.65 and 300.67).
c. Superfund Removal directives.
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DELEGATIONS . „ .
MrR l 6 Q64
THE COMPREHENSIVE ENvTROWENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCIA)
14-4-A. Planning Remedial Actions
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act (CERCLA), based on a determination that a State or
political subdivision is capable of planning a remedial action, to enter into
a cooperative agreenent to perform such planning; to initiate remedial planning
with the State's concurrence.
2. TO WHOM DELEGATED. Regional Administrators.
3. LIMITATIONS. This authority shall be exercised subject to the Administrator's
management accountability system, approved funding levels, and directives issued
by the Assistant Administrator for Solid Waste and Emergency Response.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(d)(l) of CERCLA authorizes EPA to enter into an agreenent
with States or political subdivisions to perform remedial planning.
b. Section 104(b) authorizes EPA to undertake necessary remedial planning.
c. Strategic Planning and Management System is the Administrator's
management accountability system.
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DELEGATIONS
AP* 1 6 1984
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE*
"COMPENSATION AND LIABILITY ACT (CERCIA)
14-4-B. Selection of Initial Remedial Measures
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act (CERCIA), to determine the necessity of and to select
the appropriate "Initial Remedial Measure."
2. TO WHOM CELECATED. Regional Administrators.
3. LIMITATIONS. This authority shall be exercised subject to the Administrator's
management accountability system, approved funding levels, and directives issued
by the Assistant Administrator for Solid Waste and Emergency Response.
4. REDELEGATION AUTHORITY. This authority may not be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(a) and 104(c) of CERCIA.
b. Section 101(24) of CERCIA.
c. National Contingency Plan (40 CFR 300.68).
d. Strategic Planning and Management System is the Administrator's
management accountability system.
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DELEGATIONS
AKk 16
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCIA)
14-4-C. Superfund State Contracts and Cooperative Agreements to Implement
and Perform Remedial Actions
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Ccmpen-
sation, and Liability Act (CERCLA), to consult with the affected State in
the selection of appropriate remedial action; to obtain the necessary assurances
for remedial actions; based on a determination that a State or political sub-
division is capable of carrying cut a remedial action, to enter into a cooperative
agreement with such States to perform remedial actions; and to enter into a
contract with such State or political subdivision in which EPA will perform
the remedial action.
2. TO WHOM DELEGATED. Regional Administrators.
3. LIMITATIONS.
a. This authority shall be exercised in accordance with Delegation 14-4-B.
and Delegation 14-5.
b. The authority to enter into a contract with States, for the purpose of
this delegation, does not extend to procurement contracts.
c. This authority shall be exercised subject to the Administrator's manage-
ment accountability system, approved funding levels, and directives issued by
the Assistant Administrator for Solid Waste and Emergency Response.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(a) of CERCLA authorizes EPA to perform remedial actions.
b. Section 104(d)(l) of CERCLA authorizes EPA to enter into an agreement
with States or political subdivisions to perform remedial actions.
c. Section 104(c)(3) of CERCLA requires that the States make certain
assurances for remedial actions.
d. "State Participation in the Superfund Remedial Program," February, 1984.
e. Procurement contracts are limited by the Chapter 1 delegation entitled
•Appointment of Designated Agency Procurement Executive."
f. Strategic Planning and Management System is the Administrator's
management accountability system.
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DELEGATIONS 3/3/85
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE^
"COMPENSATION AND LIABILITY ACT (CERCLA)
< ^
14-5. Selection of Remedial Actions
1 AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA): to determine the necessity of
and to select the appropriate remedial action, except as provided in the
Delegation 14-4-B, "Selection of Initial Remedial Measures.
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and
Emergency Response (AA-OSWER) and Regional Administrators.
3. LIMITATIONS. Regional Administrators may excercise this authority
for sites or particular operable units at a site within their ^°J>s
listed in the Remedy Delegation Report issued periodically by the AA-OSWER.
4. ^DELEGATION AUTHORITY. The AA-OSWER may redelegate this authority.
The Regional Administrator may not redelegate this authority.
5. ADDITIONAL REFERENCES.
a. Section 104(a) and 104(c) of CERCLA.
b. Section 101(24) of CERCLA.
c. National Contingency Plan (40 CFR 300.68).
d. Guidance on delegation of selection of remedy authority.
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DELEGATIONS
APR 16 1984
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-6. Inspections and Information Gathering
1. AUTHORITY. Pursuant to the Conprehensive Environmental Response, Compen-
sation, and Liability Act (CEROA):
a. To enter any establishment or other place where hazardous substances
are or have been generated, stored, treated, disposed of, transported from, or
otherwise handled;
b. To inspect, obtain samples fron, obtain copies of records from, and
request the furnishing of information from any person responsible for an
establishment or other place specified in paragraph l.a;
c. To obtain and execute warrants for the purpose of performing an
inspection or conducting information-gathering;
d. To carry out or require the carrying cut of any other inspection
and information-gathering activities authorized by CERQA; and
e. Tb designate representatives of the Administrator to perform the
functions specified in paragraphs l.a - l.d;
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response, Assistant Administrator for Enforoanent and Compliance Monitoring,
and Regional Administrators.
3. LIMITATIONS.
a. The Assistant Administrator for Solid Waste and Emergency Response
must consult with the Assistant Administrator for Enforcement and Compliance
Monitoring or his/her designee prior to obtaining warrants.
b. The Assistant Administrator for Enforcement and Compliance Monitoring
and the Assistant Administrator for Solid Waste and Emergency Response must
notify the appropriate Regional Administrator prior to exercising the authorities
specified in paragraphs l.a - l.d.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 104(e) of CEFCLA.
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DELEGATIONS
APR 16 1984
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-7. Combination of Nancontiguous Facilities for Response Purposes
j
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Conpen-
satten and Liability Act (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.
3. REEELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES. Section 104(d)(4) of CERCLA.
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DELEGATIONS APR 16 1384
THE COMPREHENSIVE ENVIRDWENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-8-A. Studies and Investigations Related to Response Actions
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Conpen-
sation and Liability Act (CERCIA), to make determinations as to the necessity
and appropriateness of studies and investigations necessary or appropriate to
plan and direct response actions, with the exception of actions authorized
under Delegation 14-4-A, "Planning Remedial Actions."
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATION. This authority shall be exercised only at sites which are not
contained in approved funding levels.
4. REDELEGATION AlTCHORm. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(b) of CERCIA.
b. National Contingency Plan (40 CFR 300.66).
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DELEGATIONS
APR 16 1984
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-8-B. Studies and Investigations Related to Cost Recovery and
Enforcanent Decisions
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act (CERCLA), to make determinations as to the necessity
and appropriateness of studies and investigations and to undertake such studies
and investigations related to the recovery of response costs and the enforcement
of the provisions of this Act.
2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance
Monitoring, Assistant Administrator for Solid Waste and Emergency Response and
Regional Administrators.
3. REDELEGATICN AlTlHORrrY. This authority may be rede leg at aj.
4. ADDITIONAL REFERENCES. Section 104(b) of CERCLA.
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APR 16 1984
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-9. Claims Asserted Against the Fund
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act (CERCLA), to receiver evaluate and make determinations
regarding claims asserted against the Hazardous Substance Response Trust Fund.
This authority is to include promoting settlement between claimant and respon-
sible parties, determining the anount of any award, authorizing payment and
making all other determinations necessary to process such claims.
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. REEELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Sections lll(a) and 112 of CERCLA.
b. National Contingency Plan (40 CFR 300.25(<1)).
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DELEGATIONS
APR 16 1984
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-10-A. State "technical Assistance
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Conpen-
sation and Liability Act (CERCLA), to provide to a State or political sub-
division acting on behalf of the Agency, technical assistance in the administra-
tion and enforcement of any contract (or subcontract) for response actions.•
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATIONS.
a. Regional Administrators or their designees are authorized to expend
extramural (contract) funds for technical assistance only to the extent that
funds are contained in approved funding levels, and subject to directives
issued by the Assistant Administrator.
b. The Assistant Administrator for Solid Waste and Emergency Response
must consult with the General Counsel prior to the issuance of directives. •
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 104(d)(3) of CERCLA; Executive Order 12316
of August 14, 1981.
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APR16B84
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
QOmEMSATION AND LIABILITY ACT (CERCIA)
14-10-S. State Legal Assistance
1. AUTHORITY. Pursuant* to the Comprehensive Environmental Response, Compen-
sation and Liability Act (CERCIA), to provide to a State or political sub-
division acting on behalf of the Agency, legal assistance in the administration
and enforcement of any contract (or subcontract) for response actions and to
request the Attorney General to intervene in any civil actions involving the
enforcement of such contract or subcontract.
2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Conpliance
Monitoring and Regional Administrators.
3. LIMITATIONS.
a. The Assistant Administrator for Enforcement and Conpliance Monitoring
must notify the Assistant Administrator for Solid Vfeste and Emergency Response,
the General Counsel, and the appropriate Regional Administrator prior to exer-
cising this authority.
4. REDELEGATION AUIHORTTY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 104(d)(3) of CERCIA; Executive Order 12316
of August 14, 1981.
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DELEGATIONS
APR16 W4
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-11. Credit for State Expenditures
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response* Ccmpen-
sation and Liability Act (CERCLA), to grant the State a credit for response
expenses incurred by the State or political subdivision between January 1,
1978, and December 11, 1980.
2. TO WHOM DELEGATED. Regional Administrators.
3. LIMITATIONS. This authority shall be exercised subject to directives
issued by the Assistant Administrator for Solid Waste and Emergency Response.
4. REDELBGATICN AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 104(c)(3) of CERCLA.
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OSWER Directive 9260.2-12
DEUBMICNS APR
THE COMPREHENSIVE ENVIROWENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCIA)""
14-12. Civil Judicial Enforcement Act leans
1. AUTHORITY. Tb 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, Compen-
sation and Liability Act (CERCIA); to request the Attorney General to decline
to prosecute a previously referred civil enforcement action; ait) to request
the Attorney General to initiate an appeal and represent the Agency in such an
appeal.
2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance
Monitoring and the General Counsel.
3. LIMITATIONS.
a. The Assistant Administrator for Enforcement and Compliance Monitoring
must notify the Assistant Administrator for Solid Vfeste and Emergency Response
and the appropriate Regional Administrator when a case is referred to the
Department of Justice and when an appeal is formally initiated.
b. The General Counsel may only exercise this authority in regard to appeals.
c. Any exercise of the appeal authority will be done jointly by the General
Counsel and the Assistant Administrator for Enforcement and Compliance Monitoring.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Memorandum of Understanding between the Agency and the Department of
Justice, June 1977; Executive Order 12316 of August 14, 1981; Sections 106(a),
106(b), and 107 CEROA.
b. See Chapter 14 delegation entitled "Emergency TRO's" for Regional
Administrators' authority to make direct referrals of requests for emergency
CERCLA Temporary Restraining Orders.
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DELEGATIONS
APR 16
THE COMPREHENSIVE ENVIROWENIAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCIA)
14-1 3-A. Criminal Ehforcenent Actions
1. AUTHORITY. Tb cause criminal natters inter the Comprehensive Enviroonental
Response, Compensation, and Liability Act (CERCIA) to be referred to the Depart
ment of Justice for assistance in field investigation, for initiation of a
grand jury investigation, or for prosecution under CERCIA.
2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance
Monitoring.
3. REDELEGATION AUraORTTY. This authority may be redelegated.
4. ADDITIONAL REFERENCES. Sections 103(b)(3), 103(c) and 103(d) of CERCIA.
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APR 16884
THE COMPREHENSIVE ENVIRCtMENIAL RESPONSE,
14-13-B. Settlement or Concurrence in Settlement of ..
Civil Judicial Actions
1. AUTHORITY. Tb exercise the Agency's concurrence in the settlenent of civil
judicial enforcement actions under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) , and to request the Attorney General
to amend a consent decree issued under
2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance
Monitoring .
3. LIMITATIONS.
a. For cases initiated by the Assistant Administrator for Solid Waste and
Emergency Response, the Assistant Administrator for Enforcement and Compliance
Monitoring nust obtain the concurrence of the Assistant Administrator for Solid
Waste and Emergency Response or his/her delegatee before exercising this
authority.
b. For cases initiated by the Regional Administrator, the Assistant
Administrator for Enforcement and Compliance Monitoring must obtain the
concurrence of both the Assistant Administrator for Solid Waste and Emergency
Response or his/her delegatee and the appropriate Regional Administrator or
his/her delegatee before exercising this authority.
4. REDELEGATION AL7IHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. For actions including 31 USC Section 3711 and its
applicable regulations, see delegation covering claims of EPA found in Chapter 1
of this Manual.
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DELEGATIONS
APR166B4
THE COMPREHENSIVE ENVIROWENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-13-C. Emergency TRO's
1. AUTHORITY. Tb refer requests for emergency Tanporary Restraining Orders
under the Comprehensive Environnental Response, Ocmpensation and Liability
Act (CERCIA) to the Attorney General.
2. TO WHCM DELEGATED. Regional Administrators and the Assistant Administrator
for Enforcement and Compliance Monitoring.
3. LIMITATIONS.
a. The Regional Administrator must notify the Assistant Administrator for
Enforcement and Compliance Monitoring and the Assistant Administrator for Solid
Haste and Emergency Response or their designees when exercising this authority.
b. The Assistant Administrator for Enforcement and Compliance Monitoring
must notify the appropriate Regional Administrator and the Assistant Administrator
for Solid Waste and Emergency Response or their designees when exercising this
authority.
4. REDELEGATION AUTHORITY. This authority may, be redelegated only to On-Scenp
Coordinators.
5. ADDITIONAL REFERENCES.
a. Memorandum of Understanding between the Agency and the Department of
Justice, June 1977; Executive Order 12316 of August 14, 1981. Section 106(a),
106(b) and 107 of CERCLA.
b. For referral of other civil actions under CERCLA, see the Chapter 14
delegation entitled "Civil Judicial Enforcement Actions."
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OSWER Directive
DELEGATIONS APR 1 b
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCIA)~
14-14-A. Determinations of Imminent and Substantial Endangerment
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Cbmpensation
and Liability Act (CERCLA) , to make determinations that there may be an imminent
and substantial endangennent to public health or velfare 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 Vteste and Emergency Response.
Regional Administrators must consult with the Assistant Administrator for
Solid Vteste and Emergency Response or his/her designee *fcen exercising this
authority.
4. REDELSGATICN AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 106(a) of CERCLA.
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DELEGATIONS
APR 16 884
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT ""
14-14-B. Abatement Actions Through Unilateral Ctders
*
1. AUTHORITY. After giving notice to the affected State, to take administra-
tive action pursuant to the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) including, but not limited to, issuing such unilateral
orders as may be necessary to protect public health and welfare and the environ-
ment.
2. TO 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. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 106(a) of CERCLA.
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DELEGATIONS
APR 16 684
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
QunttJHSATICN AND LIABILITY ACT (CERCIA)
14-14-C. Abatement Actions Through Consent Otders
• >
1. AUTHORITY. After giving notice to the affected State, to take administrative
action pursuant'&o the Gonprehensive Environmental Response, Compensation and
Liability Act (CERCIA) including, but not limited to, issuing such orders on
consent as may be necessary to protect public health and velfare and the environ-
ment.
2. TO WHOM DELEGATED. Regional Administrators.
3. LIMITATIONS.
a. Regional Administrators must obtain the advance concurrence of the
Assistant Administrator for Solid Haste and Emergency Response or his/her
delegatee before exercising any of the above authorities.
b. The Assistant Administrator for Solid Waste and Emergency Response may
waive the advance concurrence requirements by memorandum.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 106(a) of CERCLA.
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irec
EELEGATICNS
APTTB884
TOE COMPREHENSIVE ENVDOMEOTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CEROA)
14-15. Guidelines for Use of Imminent Hazard,
Enforcement and Emergency Response Authorities
1. AUTHORITY. Tb establish, modify and publish guidelines for using the
imninent hazard , enforoanent and emergency response authorities under the
Ccraprehensive Environmental Response, Compensation and Liability Act (CERCLA)
and other existing statutes administered by the Agency.
. * •
2. TO WHCM DELEGATED. Assistant Administrator for Ehforcenent and Compliance
Monitoring .
3. LIMITATIONS. The Assistant Administrator for Enforcement and Compliance
Msnitoring will obtain the advance concurrence of the Assistant Administrator
for Solid Vfeste and Emergency Response before exercising this authority.
4. KEPT pmyricN AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 106(c) of CERCLA.
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ireccj.ve
3/20/85
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCIA)
•j
14_16. Demand Letters for Recovering Trust Fund Expenditures
1. AUTHORITY. Pursuant to the Comprehensive Envirormental Response, Compen-
sation and Liability Act (CERCIA), to prepare, sign and issue demand letters
to responsible parties for recovery of CEROA-funded response costs.
2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance
Monitoring, Assistant Administrator for Solid Waste and Emergency Response and
Regional Administrators.
3. LIMITATION. This authority shall be exercised subject to directives issued
by the Assistant Administrator for Solid Waste and Emergency Response.
4. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 107 of CERCLA.
b. "Guidance on Pursuing Cost Recovery Actions under CERCIA," August, 1983.
c. "Cost Documentation for CERCIA 107 Efforts," September, 1983.
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OSWER Directive 9260.2-17
DELEGATIONS
8/22/B5
IKE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-17. National Priorities List
1. , AUTHORITY. To sign and submit to the Federal Register proposed and final
rulemaking documents which add additional sites to or delete sites from the
National Priorities List of hazardous waste sites.
2. TO VfflOM DELEGATED. Assistant Administrator for Solid Waste and
Emergency Response.
3. REDELEGATION AUTHORITY. This authority may not be redelegated.
4. ADDITIONAL REFERENCES. The statutory requirenent for establishment of a
national priorities list is contained in the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA) (PL-96-510) at
Section 105(8)(b).
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PROPOSED SARA INTERIM DELEGATIONS OF AUTHORITY - Index
Delegation Delegation
number title
14-1-A Selection and Performance of Removal
Actions Costing up to $2,000,000
14-2-A Removal Actions Initially Costing 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 NPL and Proposed NPL Sites
*14-3 Selection and Performance of Removal
Actions Lasting More Than One Year
14_6 Inspections, Sampling, Information
Gathering, Subpoenas, and Entry for
Response
14-8-B Studies and Investigations Related to
Cost Recovery and Enforcement
Decisions; Special Notice
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
*14-18-A Alternative Treatment Technology
Research, Development, Demonstration,
and Training
*14-18-B Hazardous Substance Research
*Proposed New Delegation
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PROPOSED SARA INTERIM DELEGATIONS OF AUTHORITY - Index (paqe2)
*14-19 Contractor Indemnification
*14-20-B Love Canal Cooperative Agreements and
Grants
RCRA
*8-33 Selection and Performance of Federal
Corrective Actions at Leaking
Underground Storage Tanks
Title III
*22-l Criminal and Civil Judicial Enforcement
Actions
*22-2 Administrative Enforcement Actions
•Proposed New Delegation
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
OFFICE OF
ADMINISTRATION
AND RESOURCES
MEMORANDUM MANAGEMENT
SUBJECT: Interim Delegations of Authority under the Superfund
Amendments and Reauthorization Act—DECISION MEMORANDUM
FROM:
Assistant Admi/nisS^rator
TO: The Administrator
THRU: AX
The Deputy Administrator
ISSUE
To approve the attached package of proposed interim
delegations of authority under the Superfund Amendments and
Reauthorization Act of 1986 (SARA).
BACKGROUND
As a result of SARA, there have been many changes in the
statutory requirements for the Superfund, Underground Storage
Tank, and Emergency Preparedness programs. The Office of Solid
Waste and Emergency Response (OSWER) is presently reviewing all
authorities added or changed by SARA, and is developing a
comprehensive set of recommendations for new delegations of
authority. OSWER is coordinating closely with the Management
and Organization Division and all relevant Agency offices are
being consulted.
Included in this comprehensive review package are several
authorities identified as needing immediate delegation. In
order to prevent delays in the implementation of crucial new
provisions, as well as to avoid interruptions in current program
activity, OSWER has identified 18 authorities for interim dele-
gation. These delegations have been carefully reviewed by the
affected offices. A summary of proposed interim delegations
is attached.
-------
-2-
These interim delegations will be included in the full
package of SARA delegations which will undergo Agency-wide
review within the next month. Upon your approval, delegations
contained in the full review will replace their counterparts
in this interim package. Please note that interim delegations
which do not receive substantive comments during Agency-wide
review will not be re-submitted to you for approval, but will
remain in force as approved in this initial package.
Proposed interim delegations for the Superfund program focus
on expanded dollar and time limits on removal actions, changes
in enforcement authorities, expanded information gathering
and access authorities, explicit contractor indemnification
authorities, new research and development provisions, and new
authority for purchasing property at Love Canal. Proposed
interim delegations are also included for RCRA Subtitle I,
which was amended by SARA to create corrective action authorities
for leaking underground storage tanks. In addition, proposed
interim delegations are included for enforcement under Title III
of SARA—"The Emergency Planning and Community Right to Know
Act of 1986."
REVIEW AND ANALYSIS
•—• i
The Management and Organization Division has worked closely
with OSWER in developing these proposed interim delegations.
Appropriate Agency offices have been consulted in developing
individual delegations in the package. The Comptroller, the
General Counsel, and the Assistant Administrator for Enforcement
and Compliance Monitoring have all concurred on these delegations.
RECOMMENDATION
We find this proposal to be appropriate and consistent
with the Agency's approach to delegations of authority, and-
recommend that you approve the package by signing below.
If you choose not to approve any individual delegation, please
note those exceptions in the space below.
Approved:
Lee M. Thomas
Date: NrtW^e—\ "2 4 ^ 7 7 CT 7
-y
Exceptions (if applicable):
Attachments
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Summary of Proposed
Interim Delegations of Authority
SUPERFUND: Existing CERCLA
Deleqations With Proposed Changes
14-1-A Selection and Performance of
Removal Actions Costing up to
$2,000.000
14-2-A Removal Actions Initially
Costing Over ? 2, OOO.OOO ana
Continued Removal Actions After
Obligations of §2,000,000
14-2-B Removal Actions Costing Over
' §2,000,000 at NPL and
Proposed NPL Sites
14-6 Inspections, Sampling, Infor-
mation Gathering, Subpoenas,
and Entry for Response
14-8-B Studies and Investigations
Related to Cost Recovery and
Enforcement Decisions; Special
Notice
14-14-D Administrative Actions Through
Unilateral Orders
14-14-C Administrative Actions Through
Consent Orders
14-16 Demand Letters
To Whom
Delegated
RAs
OSWER
OSWLR,
RAs
OGWER,
OECM, RAs
OSWKR.
OECM, RAs
RAs
RAs
OSWER,
OECM, RAs
Summary of Change
Under SARA
Removal spending limits raised to
§2,000,000. OSWER concurrence added
for precedent-setting or nationally
significant actions. CSection
104
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Summary o£ Proposed SARA Interim Delegations of Authority
(continued)
SUPFRFUND:
Proposed New CERCLA Delegations
14-3 Selection and Performance of
Removal Actions Lasting
More Than One Year
14-14-D Cost Recovery Non-Judicial
Agreements and Administrative
Consent Orders
14-14-E De Minimis Settlements
14-18-A Alternative Treatment Tech-
nology Research, Development,
Demonstration, and Training
14-18-B Hazardous Substance Research
14-19 Contractor Indemnification
14-20-P Love Canal Cooperative
Agreements and Grants
To Whom
Delegated
RAs
RAs
RAs
ORD
ORD
OSWER
RA of R-2
Summary of Change
Under SARA
New removal time limits (previous
limits were included in 14-1-A).
[Section 104(c)(l)]
New authority to compromise cost
recovery claims under $500,000.
[Section L22(h)J
New authority to enter into
settlements for a minor portion
of response costs, under
certain conditions. [Section 122(g)J
New innovative technology research
authority. [Section 311(b)l
New hazardous substance environmental
and health effects research authority
[Section 311(c)]
New authority to indemnify response
action contractors. [Section 119)
Mew authority to fund purchases of
property by the State of New York
(or its agencies). [Section 312]
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Summary oE Proposed SARA Interim Delegations of Authority
(continued)
UNDERGROUND STORAGE TANKS:
Proposed New RCRA Delegation
To Whom
Delegated
Summary of Change
Under SARA
8-33 Selection and Performance of
Federal Corrective Actions at
Leaking Underground Storage
Tanks
OSWER,
RAs
New UST corrective action authority
added to RCRA. [Subtitle I of
the Solid Waate Disposal Act]
TITLE III:
Proposed New Title III Delegations
To Whom
Delegated
Summary of Change
Under SARA
22-1 Criminal and Civil Judicial
Enforcement Actions
22-2 Administrative Enforcement
Actions
OECM,
OGC
OSWER,
OPTS, RAs
New law created judicial enforcement
authorities. [Title III of SARA,
Section 325] '
New law created administrative
enforcement authorities. [Title III
of SARA, Section 325]
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DELEGATIONS MANUAL PROPOSED
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CEROA)
14-1-A. Selection and Performance of Removal Actions
Costing Up to $2,000,000
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability. Act (CERCLA), as amended, 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 DELEGATED. 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 Costing 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 Prcposed-NPL Sites."
i
b. The Assistant Administrator for Solid Waste and Qnergency Response or
his/her designee must concur prior to the initiation of a removal action at
non-NPL sites where the proposed action is precedent-setting or of national
significance.
4. REDTrT.PGA.TION AUTHORITY. This authority may be redelegated to Division
Directors, who may then redelegate to On-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(a), 104(b), 104(c), and 104(i) of CEROA.
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 intranural costs, except for Section 104(b) studies and all
enforcement costs.
e. List of nationally significant or precedent-setting removal categories.
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DELEGATIONS MANUAL PROPOSED
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCLA)
14-2-A. Raipval Actions Initially Costing Over $2,000,000
and Continued Rempval Actions After Obligations
~~ of $2,000,0000
1 AUTHORITY. Pursuant to the Conprehensive Environmental Response, Coitpen-
sation and Liability Act (CERCLA), as amended, to determine the necessity of
and to select and perform reitoval actions to continue beyond $2,000,000 when
all of the following circumstances exist:
a. Where continued response actions are iimediately required to prevent,
limit, or mitigate an emergency; and
b. Where there is an uirediate risX 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 DETJX5ATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. REDELGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Sections 104(a), 104(b), 104(c), and 104(i) of CERCLA.
b. National Contingency Plan (40 CFR 300).
c. Superfund Removal directives.
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DELEGATIONS MANUAL PROPOSED
TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERQAT
14-2-B. Renpval Actions Costing'Over $2,000,000 at National Priorities List
[NPL) and Proposed-MPL Sites
1 AUTHORITY. Pursuant to the Comprehensive Environmental Response, Oonpen-
sation and Liability Act (CEROA), as amended, to determine the necessity of
and to select and perform removal actions to continue beyond ?2,000,000 at
National Priorities List (NPL) sites and sites on the proposed NPL, when the
continued response action is otherwise appropriate and consistent with the
remedial action to be taken.
2. TO WHOM DT=T.re&TEP. 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. pTmFT.EX3A.TION AUTHORITY. The Assistant Administrator for Solid Waste and
Emergency Response may redelegate this authority. Regional Administrators may
not redelegate this authority.
5. ADDITIONAL REfEKENCES.
a. Sections 104(a), 104(b), 104(c), and 104(i) of CERCIA.
b. National Contingency Plan (40 CFR 300).
c. Superfund Removal directives.
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DELEGATIONS MANUAL PROPOSED
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT ICERCLA)
14-3. Selection and Performance of Removal Actions
Lasting More Than One Year
1. AUTHORITY. Pursuant to the Conprehensive Environmental Response, Conpen-
sation and Liability Act (CEROA), as amended, to determine the necessity of
and to select and perform removal actions:
a. Where the action is expected to last mare than one year; and
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; or
ii. Where the continued response action at National Priorities List
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DELEGATIONS MANIAL PROPOSED
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCIA)
14-6. Inspections, Sampling, Information Gathering, Subpoenas,
and Entry for Response
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act (CEROA), as amended, to enter any vessel, facility,
establishment, place, property or location for the purposes of inspections,
sailing, 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 obtain and execute warrants to support this
authority;'and to designate representatives of the Administrator to carry
cut inspections, sampling, information gathering, and response actions.
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response, Assistant Administrator for Enforcement and Compliance Monitoring,
and Regional Administrators.
3. LIMITATIONS.
a. 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 delegatee
prior to issuing compliance orders regarding information gathering or issuing
subpoenas, unless or until such consultation authority is waived by memorandum.
b. The Assistant Administrator for Solid Waste and Emergency Response nust
consult with the Assistant Administrator for Enforcement and Compliance Monitoring
or his/her delegatee prior to obtaining warrants.
c. The Assistant Administrator for Solid Waste and Emergency Response and
the Assistant Administrator for Enforcement and Compliance Monitoring must
consult with the appropriate Regional Administrator prior to exercising these
authorities.
d. The authority to issue compliance orders for entry and inspection is
retained by the Administrator.
4. REDELEGATION AUTHORITY. This authorityvjnay be redelegated.
5. ADDITIONAL REFERENCES. Sections 104(e), 109(a), 109(b) and 122(e)
of CERCLA.
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DELEGATIONS MAIKAL PROPOSED
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCIA)
14-8-B. Studies and Investigations Related to Cost Recovery and
Enforcement Decisions; Special Notice
1. AUIHORITY. Pursuant to the Conprehens ive Environmental Response, Conpen-
sation and Liability Act (CERCIA), as amended, 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, deter-
minations, findings, notifications and non-binding allocations of responsi-
bility under the Special Notice Procedures of CERCIA Section 122(e).
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response, Assistant Administrator for Enforcement and Compliance Monitoring,
and Regional Administrators.
3. REDELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Sections 104, 106, 107 and 122(e) of CERCLA.
b. All applicable Agency guidance and directives.
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DELEGATIONS MANIAL PROPOSED
TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCIA)
14-14-B. Administrative Actions Through Unilateral Orders
1 AUTHORITY. After giving notice to the affected State, to take administrative
action pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act (CERCIA), as amended, 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 DELEGATED. Regional Administrators.
3 LIMITATIONS. Regional Administrators nust consult with the Assistant
Administrator £or 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 CERCIA.
b. Applicable Agency guidance and OSVCR directives.
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DELEGATIONS MANIAL PROPOSED
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 (CERCLA), as amended, 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 DELEGATED. Regional Administrators.
3. LIMITATIONS.
a. Regional Administrators must obtain the advance concurrence of the
Assistant Administrator for Solid Waste and Emergency Response before
exercising any of the above authorities.
b. Tne Assistant Administrator for Solid Waste and Emergency Response
may waive advance concurrence requirements by memorandum.
c. Tnis 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. REDELEGATION AUTHORITY. This authority may he 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 for
costs 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 14-14-E,
"*Ve Minimis Settlements."
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DELEGATIONS MANIAL PROPOSED
THE COMPREHENSIVE BlVTRONriENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCIAT
14-14-D. Cost Recovery Non-Judicial Agreements and Administrative
Consent Orders
1 AlTfflORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended, to enter into or
exercise Agency concurrence in non-judicial agreements or administrative
orders for the recovery of costs of response.
2. TO WHOM DELEGATED. 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 claun of the
United States, Regional Administrators must consult with the Assistant
'Administrator for Solid Vfeste and Emergency Response and the Assistant
Administrator for Enforcement and Compliance Monitoring 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 AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 104, 107, and 122 of CERCLA, as amended.
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 settlemsnts under CERCLA Section 122(g) is delegated in 14-14-E,
"De Minimis Settlements."
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DELEGATIONS MANUAL PROPOSED
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AMD LIABILITY ACT (CERCIA)
14-14-E. De Minimis Settlements
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCIA), as anended, to enter into or
exercise Agency concurrence in de minimis settlements under Section 122(g).
2. TO WHOM DELEGATED. Regional Administrators.
3. LIMITATIONS.
a. Regional Administrators must obtain the advance concurrence of the
Assistant Administrator for Enforcement and Compliance Monitoring and the
Assistant Administrator for Solid Waste and Emergency Response 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 must either concur, non-concur or request additional time for
review within 10 days of the request for concurrence.
c. Six months after promulgation of this delegation, the Assistant
Administrator for Enforcement and Compliance Monitoring 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 on a Region-by-Region basis.
4. REDELEGATION AUIHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 106, 107 and 122 of CERCLA, as amended.
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 Iton-JudiciaT Agreements and
Administrative Consent Orders," and in 14-13-B, "Concurrence in Settlement
of Civil Judicial Actions."
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DELEGATIONS MATOAL PROPOSED
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCIA)
14-16. Demand Letters
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Conpensation and Liability Act (CERCIA) as amended, to prepare, sign and
issue danand letters to responsible parties.
2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance
tonitoring, Assistant Administrator for Solid Waste and Emergency Response an3
Regional Administrators.
3. REDELEGATION AUIHORITY. 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.
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DELEGATIONS MANUAL ' PROPOSED
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCIA)
14-18-A. Alternative Treatment Technology Research ,
Development, Demonstration , and Training
1 AUTHORITY. Pursuant to the Comprehens i ve Environmental Response, Compen-
sation and Liability Act (CERCLA), as amended, to carry out a program of
research, evaluation, testing, development, and demonstration of alternative
or innovative treatment technologies; to carry out a program of training in -
procedures for handling hazardous substances and for managing facilities at
which hazardous substances are located; to approve grants and cocper ftwe
agreements to carry out the program authorized under section 311 (b) of
to conduct and support research through contracts.
2. TO WHOM DELEGATED. Assistant Administrator for Research and Development.
3. LIMITATIONS.
a. The Assistant Administrator for Research and Development will exercise
these authorities in accordance with plans and priorities developed in consul-
tation with the Assistant Administrator for Solid Waste and Emergency Response.
b. The Assistant Administrator for Research and Development trust obtain
the concurrence of the Assistant Administrator for Solid Waste and Emergency
Response prior to undertaking technology demonstrations.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 311(b) of CERCLA.
b. SITE Program Strategy.
c. SITE Program Operations Plan.
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DELEGATIONS MANIAL HROPOSCD
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCIA)
14-18-6. Hazardous Substance Research
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act (CERCIA), as amended, to carry cut 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 CERCIA.
2. TO WHOM DELEGATED. Assistant Administrator for Research and Development.
. 3. LIMITATIONS. The Assistant Administrator for Research and Development will
exercise this authority in accordance with plans and priorities developed in
consultation with the Assistant Administrator for Solid Waste and Emergency
Response.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 311{c) of CERCIA.
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DELEGATIONS MAI11AL PROPOSED
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCIA)
14-19. Contractor Indemnification
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act (CERCIA), as amended, to indemnify response action
contractors. This authority includes authorizing payments.
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. REDELEGATIOM AUTHORITY. This authority nay be redelegated.
4. ADDITIONAL REFERENCES. Section 119 of CERCIA.
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PROPOSED
DELEGATIONS MAIUAL
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCIA)
14_20-B. love Canal Cooperative Agreements and Grants
1 AOTHORITY. Pursuant to the Ccnprehensive Environmental Response, Conpen-
grants9^h?ltate 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 Adniinistratar, Region II.
3. REDELEGMTON AUTHORITY. This authority nay not be redelegated.
4. ADDITIONAL REFERENCES. Section- 312 of CEROA.
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DELEGATIONS MANUAL PROPOSED
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 (SWDA),
to determine the necessity of and to select Federal corrective actions at
leaking underground storage tanks containing petroleum, to enter property ana
to perform such corrective actions.
2. TO WHOM DFr.TGATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATIONS.
a Regional Administrators may exercise this authority only for obligations
not exceeding $50,000, and nust conply with Federal lead UST corrective action
guidance issued by the Assistant Administrator for Solid Waste and Emergency
Response (AA/OSWER). This authority may only be used to initiate corrective
action at sites involving emergencies where there is no time for formal approval
by the AA/OSWER or his/her designee.
b The Director, Office of Emergency and Remedial Response, may exercise
this authority only for obligations not exceeding $250,000, and nust obtain the
advance concurrence of the Director, Office of Underground Storage Tanks.
Obligations above $250,000 nust be approved by the Assistant Administrator for
Solid Waste and Emergency Response.
AUTHORITY.
a. ~~
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 nay then redelegate to On-Scene Coordinators.
5. ADDITIONAL KCJ?'£REtKES.
a. Superfund Removal directives.
b. Section 9005(a) of SWDA.
c. Section 9003(h) of SWDA.
d. UST corrective action procedures.
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DELEGATIONS MANUAL PROPOSED
TITLE III OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT
(TITLE III Of SARA)
"Emergency Planning and Community Right to Know Act"
22-1. Criminal and Civil Judicial Enforcement Actions
1. AimiORITY.
a. To request the Attorney General to appear and represent the Agency in
any civil enforcement actions pursuant to Title III of SARA; to intervene in
any civil enforcement actions instituted under Title III of SARA; to request
the Attorney General to decline to prosecJte a previously referred civil
enforcement action; and to reiuest the Attorney General to initiate an appeal
and represent the Agency in such an appeal.
b. To cause criminal ratters under Title III of SARA to be referred to the
Departnent of Justice for assistance in field investigation, for initiation of
a grand jury investigation, for prosecution under SARA and to prosecute such
action to conclusion, including appeals.
2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance
Monitoring and the General Counsel.
3. LIMITATIONS.
a. The Assistant Administrator for Enforcement and Compliance Monitoring
must notify the Assistant Administrator for Solid Waste and Emergency Response
and the appropriate Regional Administrator when exercising the authorities
described above.
b. The General Counsel may exercise this autirority only in regard to
appeals.
c. Any appeal authority will be exercised jointly by the General Counsel
and the Assistant Administrator for Enforcement and Compliance Monitoring.
4. REDELEGATION AU1HORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Title III of SARA, Section 325.
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DELEGATIONS MANIAL
PROPOSED
TITLE III OF THE SUPERFUND AMENDMENTS AND REMJfflORIZATION ACT
. . ,_i.
"Emergency Planning and Comunitv Right to Know Act
22-2. Administrative Enforcement Actions
Regional Administrators.
3. LIMITATIONS.
Assistant Administrator for Solid Waste and Bnert|en*
^^^
when exercising this authority.
b. A. Assistant Mninisttator £« PesUciaes and
3
this authority.
4. REDELEGATIOH AUTHORITY. Tnis authority may be redelegated.
5. ADDITIONAL REFERENCES. Title III of SARA, Section 325.
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CERCLA/SARA DELEGATIONS OF AUTHORITY - Index
Delegation Delegation
number title
14-l-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
(Pursuant to the Emergency Waiver)
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)
*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 and Perform Remedial
Actions
14-5 Selection of Remedial Actions
14-6 Inspections, Sampling, Information
Gathering, Subpoenas, and Entry for Response
14-7 Combination of Noncontiguous Facilities for
Response Purposes
14-8-A Federal-Lead Studies and Investigations
Related to Response Actions
14-8-B Studies and Investigations Related to Cost
Recovery and Enforcement Decisions; Special
Notice
14-9 Claims Asserted Against the Fund
'*New Authorities (Note that Delegation 14-3 covers authority
previously included in Delegation 14-l-A; Delegation
14-13-A contains new authority to pay awards under 109)
-------
CERCLA/SARA DELEGATIONS OF AUTHORITY - Index (page 2)
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
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
*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-B Love/Canal Cooperative Agreements and Grants
*14-21 Agreements with Other Federal Agencies
*New Authorities
**Not in original proposed package.
-------
CERCLA/SARA DELEGATIONS OF AUTHORITY - Index (page 3)
*14-22 Response Action Administrative Record
*14-23 Public Participation
*14-24 Grants for Technical Assistance
*l4-25 Notification of Trustees
*l4-26 Federal Lien
*14-27 Petitions for Reimbursement
*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
*14-34 Waiver of Permit Requirements in the State
of Illinois
*14-35 List of Hazardous Substances and
Toxicological Profiles
*l4-36 Lead Contaminated Soil Pilot Programs
*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
*New Authorities
-------
CERCLA/SARA DELEGATIONS OF AUTHORITY Index (page 4)
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
i
*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
2 4 1987
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Super fund Internal Delegations
FROM:
TO:
Henry L. Longest II, Directo;
Office of Emergency and Remedi
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, 1987.
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
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1200 TN
DELEGATIONS MANUAL
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT CCERCLA)
14-l-A selection and Performance of Removal Actions
Posting Up to $2,000,000
Pursuant to the Comprehensive Environmental Response, Compen-
lity Act, as amended (CEROA) to «^^»«—J*£
and to select and perform renoval actions costing up to ?2,000,000 Where tne
action is expected to last up to one year.
2. TO WHOM DELEGATED. 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
Atter^bligSionTof $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
or Precedent-Setting Removal Action Categories.
4 REDELEGATION AUfflORITY. This authority may be redelegated to Division
Directors, who may then redelegate to On-Scene Coordinators (On-Scene
C^rdiratorrmay exercise thiiTauthority only for obligations not to exceed
$50,000 for initiating removal actions).
5. ADDITIONAL REFERENCES.
a. Sections 104, 121(d), and 121(e) of CERCIA.
b. National Contingency Plan, 40 CER 300.
c. Superfund Renoval 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.
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DELEGATIONS MANUAL 120°
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
, AND LIABILITY ACT (CERQA)
14-1-B. Superfund State Contracts and Cooperative Agreements
for Removal Actions
. Pursuant to the Comprehensive Environmental Response, :
Compensation, and Liability Act, as amended (CERCLA), based on a
deSnnination 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. REDELEGATION AUmORITY. 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.
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DELEGATIONS MANUAL 12°°
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CEROAT
14-2-A. Renoval Actions Initially Expected to Cost 0^ $2,W,000 hf _.L
Continued Reroval Actions After Obligations ot $27000,0000 (Pursuant
to the Emergency waiver)
Y. Pursuant to the Comprehensive Environmental Response, Compen-
Liability Act, as amended (CERCLA), to determine the necessity of
en
c ay ,
and To Stn rtori renoval 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 DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. REDELGATION AUTHORITY. This authority may be redelegated to the Office
Director, Office ot 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. Super fund Removal directives.
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DELEGATIONS MANUAL 120° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCLA)
14-2-B. Renoval Actions Initially Expected to Cost Over $2,000,000 and
Continued Removal Actions After Obligations of $2,000^00 (Pursuant
to the Consistency Waiver)
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act as amended (CERCIA), 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 DELEGATED. 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 AUTHORITY. The Assistant Administrator for Solid Waste and
Emergency Response may rectelegate 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 CERCIA.
b. National Contingency Plan, 40 CFR 300.
c. Superfund Renoval directives.
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DELEGATIONS MANUAL 12°° TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT ICERQA)
14.3. selection and Performance of Removal Actions Lasting More Than One Year
1 AUfflORITY. Pursuant to the Comprehensive Environmental Response, Coitpen-
^ti^d Uabimy Act as amended (CERCLA), to determine the necessity of
and to select and perform removal actions:
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; or_
ii. Where the continued response action is otherwise appropriate and
consistent with the remedial action to be taken.
2. TO WHOM DELEGATED. Regional Administrators.
3. REDELEGATION AUTHORITY. These authorities may be redelegated to the
Division Director level.
4. ADDITIONAL
a. Sections 104, 121 (d), and 121 (e) of CERCLA.
b. National Contingency Plan, 40 CFR 300.
c. Superfund Removal and Remedial directives.
9/n/n
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DELEGATIONS MANUAL 120° TO
THE COMPREHENSIVE ENVIRONMEOTAL RESPONSE,
•QDMPENSATICN, AND LIABILITY ACT (CERCLA.)
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 (CEROA), based on a determination
that a State or political subdivision is capable of performing studies and
investigations to plan a remedial action, to enter ™^*<^*™ .
agreement to perform such planning. This authority includes approval and
award authority.
2. TO WHOM pra-BCATED. 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 AUTHORITY. 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,
Volume? 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 MANUAL 120° TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION, AND LIABILITY ACT (CERCIAT
14-4-C. Superfund State Contracts and Cooperative Agreements to Implement
— and Perform Remedial Actions
1 AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCEA), 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 DET.FSATED. 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. REDELEGATICN ALnHORITY. 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 CERCXA.
b. state Participation in the Superfund Program, February, 1984,
Volumes I and II as amended.
c. Strategic Planning and Management System is the Administrator's
management accountability system.
d. Directives issued by the Assistant Administrator for Solid Waste and
Emergency Response.
e. National Contingency Plan, 40 CFR 300.
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1200 TO
DELEGATIONS MANUAL
THE rrMPREHENSrVE ENVIRONMENTAL RESPONSE,
"QoTgENSATica, AND LIABILITY ACT (CERCIA)
14-5. selection of Remedial Actions
l AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
s^tionrlraabmty Act, as anSd (CERCIA), to determine the necessity of,
to select, and to perform the appropriate remedial action.
2. TO WHOM DELEGATED. Assistant -Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3 LIMITATIONS. Regional Administrators or their delegates my exercise
£dsiSity for sites or particular operable mits "*"*£**"
Regions listed in the Remedy Delegation Report issued periodically by
Assistant Administrator for Solid Waste and Emergency Response.
4. REDELBGATION AUTHORITY. The Assistant Administrator for Solid Waste and
Administrator.
5. ADDITIONAL
a. Sections 101(24), 104, 116, 118, 120, 121, and 126(b) of CERCIA.
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.
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DELEGATIONS MANUAL 120° TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION. AND LIABILITY ACT (CERCIAl
14-6. Inspections. Sampling, Information Gathering, Subpoenas,
—and Entry for Response
1. AUffiORITY. Pursuant to the Comprehensive Environmental Response, Ccnpen-
sation and Liability Act as amended (CERCLA), to enter any vessel, ^^'
establishment, place, property or location for the purposes of inp»ctJ2»'
sampling, information gathering and response actions; to carry cut 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 DELEGATED. 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
Administ^ato? for^nforcement and Compliance Monitoring, or his/her **g"*'
prtor to issuing compliance orders regarding information gathering or compliance
orders for enti? 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. REDELEGATION ALTfflORITY. This authority may be redelegated.
5. ADDITIONAL REt'EKENCES.
a. Sections/104(e), 109(a), 109(b) and 122(e) of CERCLA.
b. National Contingency Plan, 40 CER 300.
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1 9Of) "TO
DELEGATIONS MANUAL
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION. AND LIABILITY ACT (CERCLA)
14-7. Combination of Noncontiguous Facilities for Response Purposes
Pursuant to the Comprehensive Environmental Response, Compen-
act, as amended (CEROA). to treat two or
y c, .
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.
AUTHORITY. This authority may be redelegated.
4. ADDITIONAL
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.
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DELEGATIONS MANUAL 120° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION. AND LIABILITY ACT ICEROA)
14-8-A. Federal-Lead Studies and Investigations Related to Response Actions
1. aUfflDRny. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability, Act as amended (CERCLA), to make determinations
aTlothe necessity and appropriateness of studies and investigations
necessary or appropriate to plan and direct response actions, with the
ScSSS of actions authorised under Delegation 14-4*. "State-Lead Studies
andlnvestigations Related to Remedial Actions," and to perform such studies
and investigations in consultation with the State.
2. TO WHOM DELEGATED. 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. REDELEGATICtJ ALTIHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Sections 104, 116, 117, and 121 of CEROA.
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
Emergency Response.
e. Strategic Planning and Management System is the Administrator's
management accountability system.
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DELEGATIONS MANUAL 12°° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (GEROA)
14-8-B. Sadies and Investigations Related to Cost Recovery and Enforcement
Decisions; Special MQtice
1 AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act, as amended (CEROA), to make determinations as to
Se ScSsity and appropriateness of studies and investigations related to
tta recovery of response costs and the enforcement of the provisions of
this Act, and to undertake such studies and investigations; and to ^e
decisions, determinations, findings, notifications and non-binding allocations
of responsibility under Section 122.
2 TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response, Assistant Administrator for Enforcement and Compliance Monitoring,
and Regional Administrators.
3. REDELEGATION AUTHORITY. This authority maybe redelegated.
4. ADDITIONAL REFERENCES.
a. Sections 104, 106, 107 and 122 of CERCIA.
b. All applicable Agency guidance and directives.
c. See Delegation 14-6 for issuance of Section 104(e) requests.
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DELEGATIONS MANUAL 120° TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCLA)
14-9. claims Asserted Against the Fund
1 AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
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 DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Sections 111(a), lll(e), 112, and 122 of CERCLA.
b. National Contingency Plan, 40 CFR 300.
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1200 TO
DELEGATIONS MANUAL
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
-QOMPENSATION, AND LIABILITY ACT (CERCLA)
14-10-A. State Technical Assistance
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act, as amended (CEROA), to provide to a State or
SliScaf s^Svision acting on behalf of the Agency, technical assistance
iSSe administration and enforcement of any contract (or subcontract) for
response actions.
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATIONS. Regional Administrators or their delegates are authorized
to expend extramural (contract) funds for technical assistance only to the
extent that funds are contained in approved funding levels.
4. REDELBGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(d)(3) of CERCIA.
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.
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DELEGATIONS MANUAL 120° ™
THE OCMPREHENSIVE 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 General to intervene in any
civil actions involving the enforcement of such contract or subcontract.
2. TO WHOM DELEGATED. 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. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 104(d)(3) of CERCLA.
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DELEGATIONS MANUAL 12°°
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
, AND LIABILITY ACT (CEROA)
14-11. Credit for State Expenditures
1 AUTHORITY. 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 DTT -BOATED. Regional Administrators.
3. REDELEGATICN AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Sections 104(c), and 104(d)(l)(C) of CEROA.
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.
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1200 TN
\TIONS MANUAL
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION. AND LIABILITY ACT (CERCLAl
14-12. Civil Judicial Enforcement Actions
1 AUTHORITY. To request the Attorney General to appear and represent the
Agencyinlny civil enforcement actions and to intervene in any civil enforce-
rent actions instituted under the Comprehensive Environmental Response, Com-
rensation, and Liability Act, as amended (CERCLA); to request the Attorney
General to decline to prosecute a Previously referred civil enforcement
action; and to request the Attorney General to initiate an appeal and
represent the Agency in such an appeal.
2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance
Monitoring and the General Counsel.
3. LIMITATIONS.
a. The Assistant Administrator for Enforcement and Compliance Monitoring
or his/her delegatee must notify the Assistant Administrator for Solid
Waste and Emergency Response and the appropriate Regional **»"istj*?' °*
tSir 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 jointlytyJ*«
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
£ rSSJaSd toth. Division Director level. The other authorities cited
in paragraph 1 above may be redelegated.
5. ADDITIONAL REt'tKENCES.
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'Tuthority to make direct referrals of requests for emergency
CERCLA Temporary Restraining Orders.
d. All applicable Agency guidance and directives.
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TN
DELEGATIONS MANUAL
•ME COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"OMPENSATION, AND LIABILITY ACT (CERCLA)
14-13-A. Criminal Enforcement Actions
l AlTfflORITY. 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, « «
orosecution under CEROA; to authorize payment of awards up to $10,000 to
STSivSuaTwho provides information leading to the arrest and conviction
of any person for a violation subject to a criminal penalty under CEROA.
2. TO WHOM DgrJXSATED. The Assistant Administrator for Enforcement and
Compliance Monitoring.
3 LIMITATIONS. The amount of CERCLA funds to be made available each
fiscal?^ 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. REDELBGATION AUTHORITY. 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.
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DELEGATIONS MANUAL 120° TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION. AND LIABILITY ACT (CERCLAT
14-13-B. Concurrence in Settlement of Civil Judicial Actions
1. AUTHORITY. To exercise the Agency's concurrence in the settlement of
civil judicial enforcement actions under the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended (CERCLA), and to
request the Attorney General to amend a consent decree issued under CERCIA.
2. TO WHOM DELEGATED. 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. Ftor cases initiated by the Regional Administrator other than those
identified in paragraph 3.a of this delegation (in 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 Compliance 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 months after the Administrator's signature of this delegation,
and every six months 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.
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-2-
DELBGATIONS MANUftL 120° ra
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION, AND LIABILITY ACT (CERQA)
14-13-B. Concurrence in Settlement of Civil Judicial Actions (conf)
4. REDELEGATION AUTHORITY. 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 nay be redelegated.
5. ADDITIONAL
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."
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DELEGATIONS MANUAL 12°° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION, AND LIABILITY ACT (CERCIA)
14-13-C. Emergency TROs
l AUTHORITY. To refer to the Attorney General requests for emergency
Temporary Restraining Orders under the Ccmprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCIA).
2. TO WHOM DELEGATED. Regional Administrators and 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 Compliance Monitoring
or his/her delegatee must notify the appropriate Regional 5dB^L^r^°f>*J°
the Assistant Administrator for Solid Waste and Emergency Response or their
designees when exercising this authority.
4 REDELBGATIQN AUTHORITY. The Assistant Administrator for Enforcement and
Compliance Monitoring may redelegate this authority. The authority delegated
toRegional Administrators may 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 CERCIA.
c. Ftor referral of other civil actions under CERCIA, see Delegation 14-12,
"Civil Judicial Enforcement Actions."
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1200 TN c-
DELEGATIONS APR 1 G 13W
rHE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
n-MPENSATION AND LIABILITY ACT (CERCLA)
14_14_A. ^terminations of Eminent and Substantial Endanqentient
'* e
S ^tantLf SnSSSi* «o public health or -eifare or the
2. TO WHOM DELEGATED. Regional Ajministrators.
7 T IMITATIONS This authority shall be exercised subject to directives
3. LIMITATIONS. "^ *"?'" **,*-- for solid Waste and Emergency Response
asrrsa-a.
authority.
4. RRnEUCATION AUTHORITY. Tnis authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 106(a) of CERCLA.
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DELEGATIONS MANUAL 120° ra
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"OJMPENSATION AND LIABILITY ACT (CERQAT
14-14-B. Administrative Actions Through Unilateral 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 (CERCIA), 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 DELEGATED. 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. REDFT.TOMTOM AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 104, 106, and 122 of CERCIA.
b. Applicable Agency guidance and OSWER directives.
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DELEGATIONS MANUAL 120° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATICN 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 (CERCLA), 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 DRT.BGA.TED. 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 minings parties under CERdA
Section 122(g).
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL
a. Sections 104, 106, and 122 of CERdA.
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."
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DELEGATIONS MANUAL 120° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AMD LIABILITY ACT (CERCtA)"
14-14-D. Cost Recovery Non-Judicial Agreements and Administrative
Consent Orders
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation 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 DELEGATED. 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 AUTHORITY. 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
T5-14-E, "De Minimis Settlements."
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DELEGATIONS MANUAL 120° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-14-E. De Minimis Settlements
1 AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Condensation and Liability Act, as amended (CERCIA), to enter into or
exercise Agency concurrence in de minimis settlements under Section 122(g).
i
2. TO WHOM DELEGATED. 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.1
b. The Assistant Administrator for Enforcement and Compliance
Monitoring and the Assistant Administrator for Solid Waste and Emergency
Response or their designees mast 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
timeT the Regional Administrator may 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 Monitoring and
the Assistant Administrator for Solid Waste and Emergency Response will
review each Region's experience settling de minimis cases using this Section
122(q) authority and, based upon that review, will consider waiving or
modifying any advance concurrence requirement on a Region-by-Region basis.
4. REDELBGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL RhE'£J
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1200
DELEGATIONS RpR l
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA1
14-15. Guidelines for Use of Imminent Hazard,
Enforcement and Emergency Response Authorities
1 AUTHORITY. Tb establish, modify and publish guidelines for using the
Li^TKSzaid. enforcement and emergency response "^^JJ^'S
Conprehensive Enviromtental Response, Compensation and Liability Act (CER
and other existing statutes administered by the Agency.
2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance
Monitoring.
LIMITATIONS. The Assistant Administrator for Enforcement and Compliance
itoring wUl obtain the advance concurrence of the Assistant Administrator
SSdwSti and Urgency Response before exercising this authority.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Section 106(c) of CERCLA.
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DELEGATIONS MANUAL 120° ™
THE COMPREHENSIVE EaJVIROMEtsfTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCLA)
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 CERCLA.
b. All applicable Agency guidance and directives.
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19OO TM
DELEGATIONS MANUAL 1ZUU 1TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCLAT
14-17-A. National Priorities List; Federal Register Submission of
Proposed and Final Additions and Deletions
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensatio-iT 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 (NPL)
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 DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATIONS.
a. 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. REDELEGATION AUTHORITY.
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 RttE'EKENCES.
a. Sections 105(a)(8)(B), 105(g)(2), 118, and 125(b) of CERCLA.
b. Section 118(p) of the Superfund Amendments and Reauthorization Act
(SARA).
c. National Contingency Plan, 40 CFR 300.
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DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCLAT
14-17-B. National Priorities List; Restoring Sites, Petitions to Assess,
Evaluations of Serious Threats, and Redetermining Priority
1. AUTHORITY. Pursuant to Comprehensive Environmental Response, Compensation
and Liability Act, as amended (CERCLA) :
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 DELEGATED. The Assistant Administrator for Solid Waste and
Emergency Response and Regional Administrators.
3. LIMITATIONS.
a. The Assistant Administrator for Solid Waste and Emergency Response
may exercise authorities l.a and l.d. only.
b. Regional Administrators or their delegatees may exercise authorities
l.b and l.c only.
4. REDELEGATION AUTHORITY.
a. The Assistant Administrator for Solid Waste and Emergency Response may
not redelegate this authority.
b. Regional Administrators may redelegate this authority.
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-2-
DELEGATIONS MANUAL 120° ™
COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERQA)
14-17-B. National Priorities List; Restoring Sites, Petitions to Assess,
Evaluations of Serious Threats, and Redetermining Policy (cont )
5. ADDITIONAL
a. Sections 104(i), 105(e), 105(a)(8)(B), 105(d), 105(g)(2), 118, and
125(b) of CERCEA. [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, 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.]
b. Section 118(p) of the Superfund Amendments and Reauthorization Act
(SARA).
c. National Contingency Plan, 40 CFR 300.
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DELEGATIONS MANUAL 1200 TN
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT [CERCLA)
14-18-A. Alternative Treatment Technology Research,
Development, Demonstration, and Training
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCLA), to carry out a program
of research, evaluation, testing, development, and demonstration of alternative
or innovative treatment technologies; to carry out a program of training in
procedures for handling hazardous substances and for managing facilities at
which hazardous substances are located; to approve grants and cooperative
agreements to carry out the program authorized under section 311 (b) of CERCLA;
and to conduct and support research through contracts.
2. TO WHOM DTTT.TOATEP. Assistant Administrator for Research and Development.
3. LIMITATIONS.
a. The Assistant Administrator for Research and Development or his/her
delegatee will exercise these authorities in accordance with plans and
priorities developed in consultation with the Assistant Administrator for
Solid Waste and Emergency Response or designee.
b. The Assistant Administrator for Research and Development or his/her
delegatee must obtain the concurrence of the Assistant Administrator for
Solid Waste and Emergency Response or designee prior to undertaking technology
demonstrations.
4. REDFTJGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 311 (b) of CERCLA.
b. SITE Program Strategy.
c. SITE Program Operations Plan.
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DELEGATIONS MANUAL 120° TO
THE COMPREHENSIVE EflVTRCNMENIAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCLA)
14-18-B. Hazardous Substance Research
1 AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation 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 DELEGATED. 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. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES. Section 311 (c) of CERCLA.
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DELEGATIONS MANUAL 120° TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
ISMPENSATION AND LIABILITY ACT (CERQA)
14-19. contractor Indemnification
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act, as amended (CERCIA), to approve the indemnification
of response action contractors. This authority is to include authorizing
payments.
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. REDELEGATICN 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.
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1200 TN
DELEGATIONS MANUAL
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
-COMPENSATION AND LIABILITY ACT (CERCLA)
14_2o-A. Love Canal Cooperative Agreement for Maintenance of Properties
1 AUTHORITY. Pursuant to the Conprehensive Environmental Response,
£»£ =£~
SSrSes w?S?TSe Love CanaL Emergency Declaration Area that have been
acquired by any public agency or authority of the State.
2. TO WHOM DELEGATED. Regional Administrator for Region II.
3. REDELEGATION AUTHORITY. This authority may not be redelegated.
4. ADDITIONAL REFERENCES. Section 312 (d) of CERCLA.
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DELEGATIONS MANUAL 120° ™
THE COMPREHENSIVE EWIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCLA)
14-20-B. Love Canal Cooperative Agreements and Grants
l AUTHORITY. 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
ScHgency agreeHo 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. REDELBGATIca AUTHORITY. This authority may not be redelegated.
4. ADDITIONAL REFERENCES. Section 312 of CERCLA.
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OTCNS MANUAL 120° TO
THE COMPREHENSIVE ENyiROtMEOTAL RESPONSE.
"OCMPENSATION, AND LIABILITY ACT (CERCLA)
14-21. Agreements with other Federal Agencies
1 AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCIA): 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 completion toy
the department, agency or instrumentality of all necessary response actions
at the Federal facility.
2. TO WHCM DELEGATED. 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 REDELBGATION AUTHORITY. 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 CERCIA
b. Applicable Agency guidance and directives.
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TN
DELEGATIONS MANUAL < u
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERCIA)
14-22. Response Action Administrative Record
. Pursuant to the Comprehensive Environmental Response, Conpen-
abmS Act, as amenSd (CERCIA): ^.establish an Admnistrative
sataaa , .
Record upon which the selection of a response action shall ^ ^ed; to make
this record available to the public at or near the facility at "sue ; and to
provide for the participation of interested persons in the development of
the administrative record.
2. TO WHOM DFrraATRD. Regional Administrators.
3. REDELEGftTION AUIHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Section 113(k) of CERCIA.
b. National Contingency Plan, 40 CFR 300.
c. All Agency policy, guidance, and regulations related to the
administrative record requirements of CERCIA.
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TN
DELEGATIONS MANUAL
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION, AND LIABILITY ACT (CERQA)
14-23. Public Participation
l AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Q^pensation, and Liability Act, as amended (CERCLA): to provide notice
brief analysis, reasonable opportunity for submission of ^it-ten and oral
comnents 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 DFT-TTCATED. Regional Administrators.
3. REDELBGATION AUTHORITY. 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.
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1200 TO
DELEGATIONS MANUAL
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION. AND LIABILITY ACT (GERQAJ
14-24. Grants for Technical Assistance
1 AUTHORITY. To perform all actions necessary to approve assistance
a^ee^Tpursuantto Section 117(e) of the ^^i^J^0 X
Response, Compensation, and Liability Act, as amended (CERCLA).
2. TO WHOM DT?r.TCftTED. 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
concurrent of the Assistant Administrator for Solid Waste and Emergency
SSnslor designee before waiving the limit of $50,000 per recipient under
secSof l?7(eH2f The Assistant Administrator for Sol* ""t-"^-*"*
Response may waive the advance concurrence requirement by memorandum.
4. REDELBGATION AUTHORITY.' This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 117(e) of CERCIA.
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.
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DELEGATIONS MANUAL 120° TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
14-25. Notification of Trustees
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Condensation, 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 DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. REDELEGATICN AUfflCRITY. 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 CFR 300.
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1200 TN
DELEGATIONS MANUAL
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"obNPENSATION, AND LIABILITY ACT (CERCIA)
14-26. Federal Lien
1 AUTHORITY.' Pursuant to the Conprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCIA), 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 preflGATED. 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.
AUIHORITY. This authority may be redelegated.
' . •
5. ADDITIONAL REFERENCES.
a. Sections 107(1) and (m) of CERCIA.
b. Delegation 14-12, "Civil Judicial Enforcement Actions."
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TN
DELEGATIONS MANUAL x
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION. AND LIABILITY ACT (CERCLAl
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 WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. REDELEGATICN AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Section 106 of CERCLA.
b. Applicable Agency guidance and directives.
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1200 TN
DELEGATIONS MANUAL
TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION, AND LIABILITY ACT ICERCLA)
14-28. Federal Agency Hazardous Waste Compliance Docket
1 AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
s^io^l^iabSty Act, as amended (CERCLA) to establish and maintam a
Federal Agency Hazardous Waste Compliance Docket.
2. TO WHCM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. REDELEGATICS AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES. Section 120 of CERCLA.
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DELEGATIONS MANUAL
120°
THE 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 enployment, provide for public hearings, and
make findings of fact concerning threatened plant closures or reductions in
enploynent.
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response, Assistant Administrator for Enforcement and Compliance Monitoring,
and Regional Administrators.
3. LIMITATIONS.
a. The 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. REDELEGATION 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.
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DELEGATIONS MANUAL 120° TO
TOE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (GERCLA7
14-30. Acquisition of Property
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and liability Act, as amended (CERCLA):
a. To determine whether real property affected by a Federal- or State-
lead Fund-financed response shall be acquired;
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 DELEGATED, 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
memorandum.
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.
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-2-
DELEGATIONS MANUAL 12°° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"OGMPENSATION, AND LIABILITY ACT (CERQA)
14-30. Acquisition of Property (cant1)
4. REDELEGATICN AUTHJRITy. Bie Assistant Adminstrator for Solid Waste and
Emergency Response and Regional Administrators may redelegate authority to
the Division Director level.
5. ADDITIONAL REFERENCES.
a. Section 104 of CERCEA.
b. 40 CFR Part 30, Federal Procurement Practices.
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1200 TN
KTIONS MANUAL
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION. AND LIABILITY ACT
14-31. Administrative Penalty Actions
Pursuant to the Comprehensive Environmental Response,
iability Act, as anended (GEROA), to ^*
Agency and respondents.
2. TO WHOM DELEGATED. Regional Administrators.
3 LIMITATIONS. Regional Administrators or their delegatees must notify
L SSstSfLinStStor for Solid Waste and Emergency Response or
Ss/her Lsignee when exercising any of the above authorities.
4. REDELEGATION AUIHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. All applicable Agency guidance and directives.
t>. Section 109 of CERCLA.
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DELEGATIONS MANUAL 120° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION. AND LIABILITY ACT (CERCIA)
14-32. Administrative Enforcement: Agency Representation at Hearings
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (CERCIA), to represent
the Agency in administrative enforcement actions following issuance of an
administrative complaint or order under CERCIA 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 WHOM DFT.BGATED. 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 CERCIA.
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DELEGATIONS MANUAL 120° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"COMPENSATION AND LIABILITY ACT (CERQA)
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 DKTJravTED. The Chief Judicial Officer.
i
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. REDELEGATION MJITORITY. 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 motion or other matter
in any proceeding to the Administrator when the Chief Judicial Officer
determines referral to be appropriate.
5. ADDITIONAL
a. Section 109 of CERCLA.
b. Delegation 1-38, "Adjudicatory Proceedings."
c. All applicable Agency guidance and directives.
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DELEGATIONS MANUAL
THE SUPERFUND AMENDMENTS AND REA.UTHQRIZATION ACT (SARA)
14-34. Waiver of Permit Requirements in the State of Illinois
1 Al/mORI-IY. Pursuant to the Superfund Amendments and Reauthorization
Art teARA), to approve or deny a waiver by the State of Illinois of any permit
requirement undef Subtitle C of the Solid Waste Disposal Act, which would
otherwise be applicable to State remedial actions involving onsite mobile
incinerator units.
2 TO WHOM DELEGATED. 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, protect iveness of the remedial action, and public participation.
b Waiver authority terminates on October 17, 1989 unless the State
foTa 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.
AUTHORITY. This authority may not be redelegated.
Section 118(i) of SARA.
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DELEGATIONS MANUAL 12°° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCIA)
14-35. List of Hazardous Substances and Toxicological "Profiles
1. AJfflORITY. 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 DELEGATED. 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.
This authority may be redelegated.
5. ADDITIONAL REFERENCES. Sections 104(i)(2) and (3) of CERCIA.
*[Nbte that CERCIA 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. %-510>' J
amended by the Superfund Amendments and Reauthorization Act of 1986
(P.L. 99-499)," December 1986.]
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DELEGATIONS MANUAL 120° ™
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
"OQMPENSATION, AND LIABILITY ACT (CERCIA)
14-36. Lead Contaminated Soil
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCIA):
a. to designate one to three different 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 grant(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
must obtain the advance concurrence of the Assistant Administrator for
Solid Waste and Emergency Response or his/her designee.
4 REDELEGATION AUTHORITY. The Assistant Administrator for Solid Waste and
Emergency Response (AA/OSWER) may redelegate the authority in l.a *° the
Director, Office of Emergency and Remedial Response. Regional Administrators
may 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.
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1200 TN
DELEGATIONS MANUAL
THE COMPREHENSIVE ENVIRONMEOTAL RESPONSE,
-QCfrgENSATION, AND LIABILITY ACT (CERCLA)
14-37. Reimbursement to Local Governments
1 AUTHORITY. Pursuant to the Comprehensive Environmental Response,
J^pSi: amiability Act, as amended (CEROA), to ^™>«£a**'
anamake determinations regarding requests for reimbursement tolocal
coranunitv authorities for expenses incurred in carrying out temporary
^e"n£ meases in respoSTto releases or threatened releases of hazardous
sStSSs pollutants, or contaminants. This authority is to include
authorizing payment.
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response.
3. LIMITATIONS. During the five-fiscal-year period beginning October 1,
1986. not more than 0.1 percent of the total amcunt appropriated from the
Fund may be used for such reimbursements.
4. REDELEGATION AUTHORITY. This authority may be redelegated to the
Division Director level.
5. ADDITIONAL REFERENCES.
a. Sections lll(c)(ll) and 123 of CERCLA.
b. Agency regulations on reimbursement to local governments for
temporary emergency measures.
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DELEGATIONS MANUAL 120° ™
SUPERRJND AMENDMENTS AND REALJTHORIZATION ACT (SARA)
14-38. EPA Role in Department of Defense Environmental Restoration Program
1 AUTHORITY. Pursuant to Title 10, United States Code, Qiapter 160, as
amended by Section 211 of the Superfund Amendments and Reauthorization Act
of 1986 (SARAj:
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 DELEGATED. 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 Administrator for Research and Development or his/her
delegatees may exercise authority l.b only, and shall consult with the
Assistant Administrator for Solid Waste and Emergency 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. REDELEGATION AUTHORITY. The above authorities may be redelegated.
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-2-
DELBGATIONS MANUAL 120°
TOE SUPERHJND AMENDMEOTS AND REAUTHORIZATION ACT
14-38. EPA Role in Department of Defense Environmental
Restoration Program (oont1)
5. ADDITIONAL
a. Section 211 of SARA.
b. Title 10, United States Code, Chapter 160, Sections 2701, 2702,
2704, and 2705 ("Armed Forces, Environmental Restoration").
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DELEGATIONS MANUAL 120° ™
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
amendS^), 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 DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response and Regional Administrators.
3. LIMITATIONS.
a. Regional Administrators or their delegatees may exercise this
authorityonly 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
and Remedial Response, mist obtain the advance concurrence of the Director,
Office of Underground Storage Tanks.
4. REDELEGATION AUTHORITY.
a. This authority nay 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.
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1700 TN
DELEGATIONS MANUAL
TITLE III OF THE SUPERFUND AMENDMENTS AND REAUIHORIZATION ACT
(TITLE in of SARA) ~
"Emergency Planning and Community Right to Know Act"
22-1. Civil Judicial Enforcement Actions
1 AUTHORITY. To request the Attorney General to appear and represent the
AgencTTn^ ciSl Sorcement actioS pursuant to Title III of .the Superfund
JSendLnbs and Reauthorization Act (SARA); to intervene in any civil
Sorcement actions instituted under Title III of SARA; to request the
Attorney General to decline to prosecute a previously re*err^?ivil
enforcement action; and to request the Attorney General to initiate an
appeal and represent the Agency in such an appeal.
2. TO WHOM DELEGATED. Assistant Administrator for Enforcement and Conpliance
Monitoring and the General Counsel.
3. LIMITATIONS.
a. The Assistant Administrator for Enforcement and Conpliance Monitoring
or h?s/her delegates must notify the Assistant Administrator for Solid W*ste
and Emergency Xsponse, the Assistant Administrator for Pesticides and Toxic
aLtances, knd 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 tte 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
£ relegatedSTthe Division Director level. Tne other authorities cited
in paragraph 1 above may be redelegated.
5. ADDITIONAL REFERENCES. Title III of SARA, Section 325.
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DELEGATIONS MANUAL 120° TO
TITLE III OF THE SUPERFUND AMENLMEOTS AND REAUTHORIZATION 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
Lndmentsand Reauthorization Act (SARA) to toe referred to the Department of
SESfcr «istanoe in field investigation, for initiation of a grand Dury
investigation, for prosecution under Title III of SARA and to prosecute such
action to conclusion, including appeals.
2. TO WHOM DELEGATED. 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 tte Ass\s!Snt Administrator for Enforcement and Compliance Monitoring or
their delegatees.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Title III of SARA, Section 325.
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DELEGATIONS MANUAL 120° TO
TITLE in OF THE SUPERFUND AMENDMENTS AND REAITTHORIZATION ACT
' (TITLE III Of SARA) ~
"Emergency Planning and Community Right to Knew 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 toissuing 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 DELEGATED. Assistant Administrator for Solid Waste and Emergency
Response, Assistant Administrator for Pesticides and Toxic Substances, and
Regional Administrators.
3. LIMITATIONS.
a
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, ."fl »»t
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
fo" Pesticides and Toxic Substances or his/her 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.
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. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES. Title III of SARA, Section 325.
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DELEGATIONS MANUAL 120° TO
TITLE in QF THE SUPERFUND AMEMEMEOTS AND REAUTHORIZATION ACT
- (TITLE III of SARA7 ~
"Emergency Planning and Community Right to Knew Act"
22-4. Notification bv States of Facilities Subject to Planning Requirements
1. AUTHORITY. Pursuant to section 302(d) of Title III of the Superfund
and Reauthorization Act (SARA), to receive notifications from State
response commissions of facilities subject to the requirements of
Subtitle A of Title III of SARA.
2. TO WHO! DELEGATED. Assistant Administrator for the Office of Solid Waste
and Emergency Response and Regional Administrators.
3. REDELEGATION AUIHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES. Title III of SARA, Section 302.
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DELEGATIONS MANUAL 120° TO
TITLE III OF THE SUPERRJND AMENCMEOTS AND REAUTHORIZATION 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. AUTHORITY. 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 DELEGATED. Assistant Administrator for the Office of
Pesticides and Toxic Substances.
3. REDELEGATION AUTHORITY. 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.
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DELEGATIONS MANUAL 120° ™
TITLE HI OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION 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. AUIHORITY. Pursuant to section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA):
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 REDELEGATION AUTHORITY. Authorities delegated in l.a, l.b, l.c and the
authority to waive tees 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 must be done in accordance with established policies.
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1200 TN
DELEGATIONS MANUAL
TITLE III OF THE SUPERRJND AMENDMENTS AND REAUTHORIZATION 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 Superfund
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 deteSratio^s 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
a The authority in paragraphs l.a and l.b is delegated to the Assistant
AdmnikratL for Solid torta wd Urgency 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 ^JcW" and
Toxic Substances, the Assistant Administrator for the Office of Solid Waste and
SSgency Response, and the General Counsel or their delegatees will consult
wiS Regional Mministrators when exercising the above authority, as needed on
a site-specific basis.
4 REDELBGATION AUIHORITY. This authority may be redelegated to the Office
Director level or to the Director of the Preparedness Staff.
5. ADDITIONAL PKKJ^KENCES • Section 322 of SARA.
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Federal Register / Vol 46. No. 1C1 / Thursday. August JO. 1981 / Presidential Documents 42237
Presidential Documents
Executive Order 12316 of August 14, 1981
Responses to Environmental Damage
By the authority vested in me a* President of the United States of America by
Section 115 of the Comprehensive Environmental Response. Compensation,
and Lability Act of 1980 [94 StaL 2798; 42 U.S.C. 9815), it is hereby ordered as
follows:
Section 1. National Contingency Plan, (a) The National Contingency Plan.
hereinafter referred to is the NCP and which was originally published pursu-
ant to Section 311 of the Federal Water Pollution Control Act. as amended (33
U.S.C. 1321], shall be amended to contain the implementing procedures for the
coordination of response actions to releases of hazardous substances into the
environment
(b) The NCP shall contain i concept of a national response team composed of
representatives of appropriate Executive agencies for the coordination of
response actions. The national response team shall, in addition to representa-
tives of other appropriate agencies, include representatives of the following:
Department of State. Department of Defense. Department of Justice, Depart-
ment of the Interior, Department of Agriculture, Department of Commerce,
Department of Labor, Department of Health and Human Services. Department
of Transportation, Department of Energy, Environmental Protection Agency.
Federal Emergency Management Agency, and .United States Coast Guard.
fc] The responsibility for me amendment of the NCP and all of the other
functions vested in the President by Section 105 of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 1960, hereinafter
referred to as the Act (42 U.S.C. 9805), is delegated to the Administrator of the
Environmental Protection Agency.
(d) In accord with Section lll(h-)(l) of the Act and Section 311(f)(5) of the
Federal Water Pollution Control Act. as amended (33 U.S.C. 1321(0(5)). the
following shall be among tboae designated in the NCP as Federal trustees for
natural resources:
(I) Secretary of Defense.
(2) Secretary of the Interior.
(3) Secretary of Agriculture.
(4) Secretary of Commerce.
(e) Amendments to the NCP shall be coordinated with members of the
national response team prior to publication for notice and comment. Amend-
ments shall also be coordinated with the Federal Emergency Management
Agency and the Nuclear Regulatory Commission in order to avoid inconsistent
or dnph'cative requirements in the emergency planning responsibilities of
those agencies.
(f) AN amendments to the NCP, whether in proposed or final form, shall be
subject to review and approval by the Director of the Office of Management
Sec. 2. Response Authorities, (a] The bincGons vested in the President by the
first sentence of Section 104(b) of the Act relating to "illness, disease, or
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42238 Federal Register / VoL 46, Na 161 / Thursday. August 20. 1961 / Presidential Documents'
complaints thereor are delegated to the Secretary of Health and Human
Services who shall, in accord with Section 104(i) of the Act. perform those
functions through the Public Health Service.
(b)(l) The functions vested in the President by Section 101(241 of the Act to
the extent they require _a determination by the President thai "permanent
relocation of residents and businesses and community facilities" is included
within the terms "remedy" or "remedial action" as defined In" Section 101(24)
of the Act, are delegated to the Director of the Federal Emergency Manage-
ment Agency.
•12) the functions vested in the President by Section 104(a) of the Act' to the
extent they require permanent relocation of residents, businesses, and commu-
nity facilities jorjgmporary evacuation and housing of threatened .individuals
.-not otherwise Iprovided fo7T~are delegate'd'to the Director of th'e Federal
Emergency Management Agency.
functions vested in the President by Section 104 (a] and (b) of the Act
are delegated to the Secretary of Defense with respect to releases from
Department of Defense facilities or vessels, including vessels owned or bare-
boat chartered and operated. •
(d) Subject to subsections (a), (b], and (c) of this Section, the functions vested
in the President by Sections 101(24) and 104 (a) and (b) of the Act are
delegated to the Secretary of the Department in which the Coast Guard is
operating, hereinafter referred to as the Coast Guard, with respect to any
release or threatened release involving the coastal zone* Great Lakes waters.
ports, and harbors.
(e) Subject to subsections (a), (b). (c). and (d) of this Section, the functions
vested in the President by Sections 101(24) and 104 (a) and (b) of the Act are
delegated to the Administrator of the Environmental Protection Agency, here-
inafter referred to as the Administrator.
(f) The functions vested in the President by Section 104jc). (d), (f), (g). and (h)
of the Act are delegated to the Coast Guard, the Secretary of Health and
Human Services, the Director of the Federal Emergency Management Agency.
and the Administrator in order to carrj out the functions delegated to them by
subsections (a), (b). (d), and (e) of this Section. The exercise of authority under
Section 104[h) of the Act shall be subject- to the approval of the Administrator
of the Office of Federal Procurement Policy.
(g) The functions vested in the President by Section 104(e)(2)(C) of the Act are
delegated to the Administrator all other functions vested in the President by
Section 104(e) of the Act are delegated to the Secretary of Defense, the
Secretary of Health and Human Services, the Coast Guard, the Director of the
Federal Emergency Management Agency, and theXAdministrator of the Envi-
ronmental Protection Agency, In order to carry out the functions delegated to
them by this Section.
Sec. 3. Abatement Action, (a) The functions vested in the President by Section
106(a) of the Act are delegated to the Coast Guard with respect to any release
or threatened release involving the coastal zone. Great Lakes waters, ports, '
and harbors.
(b) Subject to subsection (a) of this Section, the functions vested in the
President by Section 106(a) of the Act are delegated to the Administrator.
Sec 4. Liability, (a) The function vested In the President by Section
107(c)(l)(C) of the Act is delegated to the Secretary of Transportation.
(b) The functions vested in the President by Section 107[c)(3) of the Act are
delegated to the Coast Guard with respect to any release or threatened release
involving the coastal zone, Great Lakes waters, ports, and harbors.
(c) Subject to subsection (b) of this Section, the functions vested in the
President by Section 107(c)(3) of the Act are delegated to the Administrator.
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Federal Register f Vol. 46. No. 161 / Thursday. August 20. 1981 / Presidential Documents 42239
(d) The functions vested in the President by Section 107(f) of the Act are
delegated to each of the Federal trustees for natural resources set forth in
Section l(d) of this Order for resources under their trusteeship.
Sec. S. Financial Responsibility, (a) The functions vested in the President by
Section 107(k)(4)(B) of the Act are delegated to the Secretary of the Treasury.
The Administrator will provide the Secretary with such technical information
and assistance as the Administrator may have available.
(b) The functions vested in the President by Section 108(a) of the Act are
delegated'to the Federal Maritime Commission. Notwithstanding Section l(d)
of Executive Order No. 12291. the regulations issued pursuant to this authority
shall be issued in accordance with that Order. The Commission shall be
responsible, in accord with Section 109 of the Act, for the enforcement of civil
penalties for violations of the regulations issued under Section 108(a) of the
Act
(c) The functions vested in the President by Section 108(b) of the Act are
delegated to the Secretary of Transportation with respect to all transportation
related facilities, including any pipeline, motor vehicle, rolling stock, or air-
craft
(d) Subject to subsection (c) of this Section, the functions vested in the
President by Section 108(b) of the Act are delegated to the Administrator.
Sec. 6. Employee Protection and Notice to Injured, (a) The functions vested in
the President by Section 110(e) of the Act are delegated to the Secretary of
Labor.
(b) The functions vested in the President by Section lll(g) of the Act are
delegated to the Secretary of Defense with respect to releases from Depart-
ment of Defense facilities or vessels, including vessels owned or bare-boat
chartered and operated.
(c) Subject to subsection (b) of this Section, the functions vested in the
President by Section lll(g) of the Act are delegated to the Administrator.
Sec 7. Management of the Hazardous Substance Response Trust Fund and
Claims, (a) The functions vested in the President by Section lll[a) of the Act
are delegated to the Administrator, subject to the provisions of this Section
and applicable provisions of this Order. •
(b) The Administrator shall transfer, to transfer appropriation accounts for
other agencies, from the Hazardous Substance Response Trust Fund, out 'of
sums appropriated, such amounts as the Administrator may determine neces-
sary to carry out the purposes of the Act. These allocations shall be consistent
with the President's Budget, within the amounts approved by the Congress,
unless a revised allocation is approved by the Director of the Office of
Management and Budget
(c] The Administrator shall chair a budget task force composed of representa-
tives of agencies having responsibilities under this Order or the Act. The
Administrator shall also, as part of the budget request for the Environmental
Protection Agency, submit a budget for the Hazardous Substance Response
Trust Fund which is based on recommended allocations developed by the
'budget task force. The Administrator may prescribe reporting and other forms.
procedures, and guidelines to be used by the agencies of the Task Force in
preparing the budget request
(d) The Administrator and .each agency head to whom funds are allocated
pursuant to this Section, with respect to funds allocated to them, are author-
ized in accordance with Section lll(f) of the Act to designate Federal officials
who may obligate such funds.
(e) The functions vested 'in the President by Section 112 of the Act are
delegated to the Administrator for all claims presented pursuant to Section
111.
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«2240 Federal Register / Vol. «, ^ m f Thursday. August 20, 1981 / Presidential Document*
8. General from/one, (a) Notwithstanding any other provision of this
Order, any representation pursuant to or under this Order in any judicial or
quasi-judicial proceedings shall be by or through the Attorney General. The
conduct and control of all litigation arising under the Act shall be the
responsibility of the Attorney General.
(b) Notwithstanding any other provision ef this Order, the President's authori-
ty under the Act to require the Attorney General to commence litigation is
retained by the President.
(c) The functions vested in the President by Section 301 of the Act are
delegated as follows: -
(1) With respect to subsection (a), to the Administrator in consultation with
the Secretary of the Treasury.
(2) With respect to subsection (b). to the Secretary of the Treasury.
(3] With respect to subsecfioo (c\ to the Secretary of the Interior.
(4) With respect to subsection (f), to the Administrator.
(d) The Attorney General shall manage and coordinate the study provided for
in Section 301(ej of the Act
(e) The performance of any function under this Order shall, be done in
consultation with interested agencies represented on the national response
team, as well as with any other interested agency.
(f) Certain functions -vested in the President by the'Act which have been
delegated or assigned by this Order may be redelegated to the head of any
agency with his consent; those functions which may be redelegated are those
set forth in Sections 2.3.4(b). 4(c). and 6(c) of this Order.
(g) Executive Order No. 12286 of January 19.1981. is revoked
THE WHITE HOUSE.
|FHDoasi-*«, August M. 1981.
filed S-M-Sl. IJS pa)
: codi IU6-OI-M
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292.'
Presidential Documents
Executive Order 12580 of January 23. 1987
Superfund Implementation
By the authority vested in me as President of the United Slates of America bj
Section 115 of the Comprehensive Environmental Response. Compensation
and Liability Act of 1980. as amended [42 U S.C. 9615 et seq.) ("the Act11), and
by Section 301 of Title 3 of the United States Code, it is hereby ordered as
follows.
Section 1. National Contingency Plan. (a)(l) The National Contingency Plan
("the NCP"). shall provide for a National Response Team ("the NRT") com-
posed of representatives of eppropnate Federal departments and agencies for
national planning and coordination of preparedness and response actions, and
regional response teams as the regional counterpart to the NRT for planning
and coordination of regional preparedness and response actions.
(2) The following agencies (in addition to other appropriate agencies) shall
provide representatives to the National and Regional Response Teams to
carry out their responsibilities under the NCP: Department of State. Depart-
ment of Defense. Department of Justice. Department of the Interior. Depart-
ment of Agriculture. Department of Commerce. Department of Labor. Depart-
ment of Health and Human Services. Department of Transportation. Depart-
ment of Energy. Environmental Protection Agency. Federal Emergency Man-
agement Agency. United States Coast Guard, and the Nuclear Regulatory
Commission.
(3) Except for periods of activation because of a response action, the repre-
sentative of the Environmental Protection Agency ("EPA") shall be the chair-
man and the representative of the United States Coast Guard shall be the vice
chairman of the NRT and these agencies' representatives shall be co-chairs of
the Regional Response Teams ("the RRTs"). When the NRT or an RRT :s
activated for a response action, the chairman shall be the EPA or United
States Coast Guard representative, based on whether the release or threat-
ened release occurs in the inland or coastal zone, unless otherwise agreed
upon by the EPA and United States Coast Guard representatives.
(4) The RRTs may include representatives from State governments, local
governments (as agreed upon by the States), and Indian tnbal governments.
Subject to the functions and authorities delegated to Executive departments
and agencies in other sections of this Order, the NRT shall provide policy and
program direction to the RRTs.
(b)(l) The responsibility for the revision of the NCP and all of the other
functions vested in the President by Sections 105(a), (b). (c). and (g). 12S. and
301(Q of the Act is delegated to the Administrator of the Environmental
Protection Agency ("the Administrator").
(2) The function vested in the President by Section 118(p) of the Superfund
Amendments and ReauthoKzation Act of 1986 (Public Law 99-499) ("SARA")
is delegated to the Administrator.
(c) In accord with Section 107(f)(2)(A) of the Act and Section 311(f)(5) of the
Federal Water Pollution Control Act. as amended (33 U.S.C 1321(f)(S)). the
following shall be among those designated in the NCP as Federal trustees for
natural resources:
(1) Secretary of Defense:
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(2) Secretary of the Interior:
(3) Secrelary of Agr.cullure.
(4) Secretary of Commprce.
(5) Secretary of Energy
(d) Revisions to the NCP shall be made in consullaCon with members of the
\RT prior to publication for notice and comment. Revisions shall also be
made in consultation with the Director of the Federal Emergency Management
Agency and the Nuclear Regulatory Commission in order to avoid inconsistent
or duplicative requirements in the emergency planning responsibilities of
those agencies.
(e) All revisions to the NCP. whether in proposed or final form, shall be
subject to review and approval by the Director of the Office of Management
and Budget ("OMB").
Sec. 2. Response and Related Authorities, (a) The functions vested m the
President by the first sentence of Section I04(b)(l) of the Act relating to
"illness, disease, or complaints thereof' are delegated to the Secretary of
Health and Human Services who shall, in accord with Section 104(i) of the
Act. perform those functions through the Public Health Service.
(b) The functions vested in the President by Sections 104(e)[7)(C). 113(k)(2).
119(c}{7], and 121(f){l) of the Act. relating to promulgation of regulations and
guidelines, are delegated to the Administrator, to be exercised in consultation
with the NRT.
(c)(l) The functions vested in the President by Sections I04(a) and the second
sentence of 128(b) of the Act. to the extent they require permanent relocation
of residents, businesses, and community facilities or temporary evacuation
and housing of threatened individuals not otherwise provided for, are delegat-
ed to the Director of the Federal Emergency Management Agency.
(2) Subject to subsection (b) of this Section, the functions vested in the
President by Sections 117(a) and (c). and 119 of the Act. to the extent such
authority is needed to carry out the functions delegated under paragraph (1) of
this subsection, are delegated to the Director of the Federal Emergency
Management Agency.
(d) Subject to subsections (a), (b) and (c) of this Section, the functions vested
in the President by Sections 104(a). (b) and (c](4), 113(k). 117(a) and (c). 119.
and 121 of the Act are delegated to the Secretaries of Defense and Energy.
with respect to releases or threatened releases where either the release is on
or the sole source of the release is from any facility or vessel under the
jurisdiction, custody or control of their departments, respectively, including
vessels bare-boat chartered and operated. These functions must be exercised
consistent with the requirements of Section 120 of the Act.
(e](l) Subject to subsections (a), (b). (c). and (d) of this Section, the functions
vested in the President by Sections 104(a), (b). and (c)(4). and 121 of the Act
are delegated to the heads of Executive departments and agencies, with
respect to remedial actions for releases or threatened releases which are not
on the National Priorities List ("the NPL") and removal actions other than
emergencies, where either the release is on or the sole source of the release is
from any facility or vessel under the jurisdiction, custody or control of those
departments and agencies, including vessels bare-boat chartered and operat-
ed. The Administrator .shall define the term "emergency", solely for the
purposes of this subsection, either by regulation or by a memorandum of
understanding with the head of an Executive department or agency.
(2) Subject to subsections (b). (cjVand (d) of this Section, the functions vested
in the President by Sections.I04(b)(2), I13(k). ll7(a) and (c). and 119 of the Act
are delegated to the heads of Executive departments and agencies, with
respect to releases or threatened releases where either the release is on or the
sole source of the release is from any facility or vessel under the jurisdiction,
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J92:
VP^H '"Ih0 I"15"/110?.3 {ol (b)l (C)' {d)" and (e) of thls Sect'°n- '^ function
vested in the President by Sections I04(a). (b) and fc)(4] H3fkl ll7fal «nH fri
^",1 "i.°i, c§ Ad are deie8ate,d V "" ^S'S ffl'fiii^
which the Goes Guard is operating ("the Coast Guard"), with respect to am
"° " " "* "" C°aSta' Z°ne' Cfea' Lak" w°l"ra"
rand harbor" " "* "" C°aSta' Z°ne' Cfea' Lak" wlra"
(g) Sub)ect to subsections (a), (b). (c). (d). (e). and (f) of this Sect.on the
functions vested m the President by Sect.ons 101(24) 104(a) fb) (cSanc
ffiJXL1 Th1' AH' (C)> 119' m< and. 126(b) °f «he Act^e^ega^d to the
Administrator. The Administrators authority under Section 119 of t'le Act is
retroactive to the date of enactment of SARA.
?!«? IiT'T VAeJted '" the President bv Section 104(c)(3) of the Act are
bid f SJ? , h Admimstror- wit? «<*«» to Providiii assurances for
Indian tribes, to be exercised in consultation with the Secretary of the Interior
, (dc)l (e)l (f)l (8) and (hl of thi9 ^ion. the functions
rn , r , by Secti°fn 104(c) and (d' of the Act are ^legated to
he Coaa. Guard, the Secretary of Health and Human Semces. the Director of
n r.™"" S™efI8ency Management Agency, and the Administrator in order
to carry out the functions delegated to them by this Section.
ilPi,1!* f^Ctl.ons *"ted in the Resident by Section 104(e)(5)(A) are delegat-
ed to the heads of Executive departments and agencies with resoect to
releases or threatened releases where either the release is on , ot Toe
!S / ,CarSeu19 fl?m 3ny faCility °r vessel under tha Jurisdiction.
custody or control of those departments and agencies, to be exercised with the
concurrence of the Attorney General.
(2) Subject to subsection (b) of this Section and paragraph (1) of this subsec-
jon. the functions vested m the President by Section 104(e) are delegated to
fnnrM of,Executive departments and agencies in order to carry out their
functions under this Order or the Act.
(jc) The functions vested in the President by Section 104{f). (g). (h). fi)(ii). and
(I) of the Act are delegated to the heads of Executive departments and
agencies in order to cany out the functions delegated to them by this Section
The exercise of authority under Section 104(h) of the Act shall be subiect to
the approval of the Administrator of the Office of Federal Procurement Policy.
Q!^,,-«' C^Z,niiP Sfh?du'es- W ^e funct.ons vested in the President by
Sections 118(a) and the first two sentences of lC5(d) of the Act are delegated
to the heads of Executive departments and agencies with respect to facilities
under the jurisdiction, custody or control of those departments and agencies.
(b) Subject to subsection (a) of this Section, the functions vested in the
President by Sections 118 and 105(d) are delegated to the Administrator.
«r function8 vested in the President by Sect.ons
and 122(e)(3)(A) of the Act. relating to development of regulations and
8 .ue,u!' are dele,8ated to the Administrator, to be exercised in consultation
with .yie Attorney General.
Subject tp subsection (a) of this Section, the functions vested in the
•S7iSTL by?ctl<"l122 ^"P' subsection (b)(l)) are delegated to the heads
of Executive departments and agencies, with respect to releases or threatened
re eases not on the NPL where either the release is on or the sole source of the
release is from any facility under the jurisdiction, custody or control of those
bxecutlvtf departments and agencies. These functions may be exercised only
with the concurrence o'f the Attorney General.
(2). Subject' to: subsection (a) of this Section, the functions vested m the
President by Section 109 of the Act. relating to violations of Section 122 of the
Act are delegated to the heads of Executive departments and agencies, with
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v.idi
respect to releases or threatened releases not on the NPL where either the
release is on or the sole source of the release is from any facility under the
jurisdiction, custody or control of those Executive departments and agencies
These functions may be exercised only with the concurrence of the Attorney
General.
(c|(l) Subject to subsection (a) and (b](l) of this Section, the functions vestec
in the President by Sections 106(a) and 122 of the Act are delegated to the
Coast Guard with respect to any release or threatened release involving the
coastal zone. Great Lakes waters, ports, and harbors.
(2) Subject to subsection (a) and (b)(2) of this Section, the functions vested in
the President by Section 109 of the Act. relating to violations of Sections 103
(a) and (b). and 122 of the Act, are delegated to the Coast Guard with respect
to any release or threatened release involving the coastal zone. Great Lakes
. waters, ports, and harbors.
(d)(l) Subject to subsections (a). (b)[l). and (c)(l) of this Section, the functions
vested in the President by Sections 106 and 122 of the Act are delegated to the
Administrator.
(2) Subject to subsections (a). (b)(2). and (c)(2) of this Section, the functions
vested in the President by Section 109 of the Act. relating to violations of
Sections 103 and 122 of the Act, are delegated to the Administrator.
(e) Notwithstanding any other provision of this Order, the authority under
Sections 104(e)(5)(A) and 106{a) of the Act to seek information, entry, inspec-
tion, samples, or response actions from Executive departments and agencies
may be exercised only with the concurrence of the Attorney General.
Sec. 5. Liability, (a) The function vested in the President by Section
107(c)(l)(C) of the Act is delegated to the Secretary of Transportation.
(b) The functions vested in the President by Section 107(c)(3) of the Act are
delegated to the Cowt Guard with respect to any release or threatened release
involving the coastal zone. Great Lakes waters, ports, and harbors.
(c) Subject to subsection' (b) of this Section, the functions vested in thr
President by Section,107(c)(3f of the Art are delegated to the Admimstratoi
(d) The functions vested in the President by Section 107(0(1) of the Act are
delegated to each of the Federal trustees for natural resources designated in
the NCP for resources under their trusteeship.
(e) The functions vested in the President by Section 107(Q(2)(B] of the Act. to
receive notification of the state i.atural resource trustee designations, are
delegated to the Administrator.
Sec. B. Litigation, (a) Notwithstanding any other provision of this Order, any
representation pursuant to or under this Order in any judicial proceedings
shall be by or through the Attorney General. The conduct and control of all
litigation arising under the Act shall be the responsibility of the Attorney
General.
(b) Notwithstanding any other provision of this Order, the authority under the
Act to require the Attorney General to commence litigation is retained by the
President.
(c) The functions vested in the President by Section 113(g) of the Act. to
receive notification- of a natural resource trustee's intent to file suit, are
delegated to the heads of Executive departments and agencies with respect to
response'actions for which- they have been delegated authority under Section
2 of this Order. The Administrator shall promulgate procedural regulations for
providing such notification.
(d) The functions ve'sted in the President by Sections 310 (d) and (e) of the Act.
relating to promulgation of regulations, are delegated to the Administrator.
Sec. 7. Financial Responsibility, (a) The functions vested in the President by
Section 107(k](4)(B) of the Act are delegated to the Secretary of the Treasury.
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The Administrator will provide the Secretary with such technical information
and assistance as the Administrator may have available
(b)(l) The functions vested in the President by Section 108(a)(l) of the Act are
delegated to the Coast Guard.
(2) Subject to Section 4(a) of this Order, the functions vested in the President
by Section 109 of the Act. relating to violations of Section 108(a)(l) of the Act
are delegated to the Coast Guard.
(c)(l) The functions vested m the President by Section 108(b) of the Act are
delegated to the Secretary of Transportation with respect to all transportation
related facilities, including any pipeline, motor vehicle, rolling stock, or air-
crsii.
(2) Subject to Section 4(a) of this Order, the functions vested in the P:-esident
by Section 109 of the Act. relating to violations of Section lOB(a)p) of the Act
are delegated to the Secretary of Transportation.
(3) Subject to Section 4(a) of this Order, the functions vested in the President
by Section 109 of the Act. relating to violations of Section 108(b) of the Act
are delegated to the Secretary of Transportation with respect to all transporta-
tion related facilities, including any pipeline, motor vehicle, rolling stock or
aircraft.
(d)(l)i Subject to subsection (c)(l) of this Section, the functions vested m the
President by Section 108 (a)(4) and (b) of the Act are delegated to the
Administrator.
(2) Subject to Section 4(a) of this Order and subsection (c){3) of this Section
the functions vested in the President by Section 109 of the Act. relating to
violations of Section 108 (a)(4) and (b) of the Act. are delegated to the
Administrator.
Sec. 8. Employee Protection and Notice to Injured, (a) The functions vested in
the President by Section 110(e) of the Act are delegated to the Adminstrator.
(b) The functions vested in the President by Section lll(g) of the Act are
delegated to the Secretaries of Defense and Energy with respect to releases
from facilities or vessels under the jurisdiction, custody or control of their
departments, respectively, including vessels bare-boat chartered and
operated.
{c) Subject to subsection (b) of this Section, the functions vested m the
President by Section lll(g) of the Act are delegated to the Administrator.
Sec 9. Management of the Hazardous Substance Superfund and Claims, (a)
The functions vested in the President by Section lll(a) of the Act are
delegated to the Administrator, subject to the provisions of this Section and
other applicable provisions of this Order.
(b) The Administrator shall transfer to other agencies, from the Hazardous
Substance Superfund out of sums appropriated, such amounts as the Adminis-
trator may determine necessary to carry out the purposes of the Act. These
amounts shall be consistent with the President's Budget, within the total
approved by the Congress, unless a revised amount is approved by OMB.
Funds appropriated specifically for the Agency for Toxic Substances and
Disease Registry ("ATSDR"). shall be directly transferred to ATSDR. consist-
-.ent with fiscally responsible investment of trust fund money.
(c] -The Administrator shall chair a budget task force composed of representa-
tives of Executive departments and agencies having responsibilities under this
Order or the Act. The Administrator shall also, as part of the budget request
for the'Environmental' Protection Agency, submit to OMB a budget for the
Hazardous Substance Superfund which is based on recommended levels
developed .by the budget task .force. The Administrator may prescribe report-
ing and other forms, procedures, and guidelines to be used by the agencies of
the Task Force in preparing the budget request, consistent with budgetary
reporting requirements issued by OMB. The Administrator shall prescribe
-------
forms to agency task force members for reporting the evpendil.re of funds on
a site specific basis.
(d) The Administrator and each department and agency head to whom funds
are provided pursuant to this Section, with respect to funds provided to them
are authorized in accordance with Section lll(f) of the Act to designate
Federal officials who may obligate such funds
(e) The functions vested in the President by Section 112 of the Act arc
delegated to the Administrator for all claims presented pursuant to Section ill
of the Act.
(f) The functions vested in the President by Section lll(o) of the Act are
delegated to the Administrator.
(g) The functions vested in the President by Section 117(e) of the Act are
delegated to the Administrator, to be exercised in consultation with the
Attorney General.
(h) The functions vested in the President by Section 123 of the Act are
delegated to the Administrator.
(i) Funds from the Hazardous Substance Superfund may be used, at the
discretion of the Administrator or the Coast Guard, to pay for removal actions
for releases or threatened releases from facilities or vessels under the jurisdic-
tion, custody or control of Executive departments and agencies but must be
reimbursed to the Hazardous Substance Superfund by such Executive depart-
ment or agency.
Sec. 10. Federal Facilities, (a) When necessary, prior to selection of a remedial
action by tbe Administrator under Section 120(e)(4)[A) of the Act. Executive
agencies shall have the opportunity to present their views to the Administra-
tor after using the procedures under Section 1-6 of Executive Order No. 12088
of October 13.1978. or any other mutually acceptable process. Notwithstand-
ing subsection 1-602 of Executive Order No. 12088. the Director of the Office of
Management and Budget shall facilitate resolution of any issues.
[b) Executive Order No. 12088 of October 13.1978, is amended by renumbenn"
the current Section 1-802 as Section 1-803 and inserting the following ne
Section 1-802:
"1-802, Nothing in this Order shall create any right or benefit, substantive or
procedural, enforceable at law by a party against the United States, its
agencies, its officers, or any person."
Sec. 11. General Provamn*. (a) The function vested in the President by
Section 101(37) of the Act is delegated to die Administrator.
(b)(l) The function vested in the President by Section 105(f) of the Act. relating
to reporting on minority participation in contracts, is delegated to the Admin-
istrator.
(2) Subject to paragraph 1 of this subsection, the functions vested in the
President by Section 105(f) of the Act are delegated to the heads of Executive
departmenls and agencies in order to carry out the functions delegated to
them by this Order. Each Executive department and agency shall provide to
the Administrator any requested information on minority contracting for
inclusion in the Section I05(f] annual report.
1
(c) The functions vested in the President by Section 126{c) of the Act are
delegated to the Administrator, to be exercised in consultation with the
Secretary of the interior.
(d) The functions vested in the President by Section 301(c) of the Act are
delegated to the Secretary of the Interior.
(e) Each agency shall have authority to issue such regulations as may be
necessary to cany out the hinctions delegated to them by this Order.
-------
|KR Due nr-1842
l-zr-87 23i pm|
R cod* 3I9J-01-M
(0 The performance of any function under this Order shall be done in
consultation with interested Federal departments and agencies represented on
the NRT. as well as with any other interested Federal agency.
(g) The following functions vested in the President by the Act which have
been delegated or assigned by this Order may be redelegated to the head of
any Executive department or agency with his consent functions set forth in
Sections 2 (except subsection (b)J. 3. 4(b). -J(c). 4(d). 5(b). 5(c). and 8(c) of this
Order
(h) Executive Order No 12316 of August 14. 1981. is revoked.
THE WHITE HOUSE.
January 23. 1987.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C. 20460
MAY 2 5 1988
OFFICE DF
SOLID WAS7E ANC EMERGES; ' J=S3l~ .SC
MEMORANDUM
SUBJECT: Redelegation of Authority Under CERCLA. and SARA
(OSWER Direct*va9Q12.10)
"
FRCM: J^-Winstorr Barter
Assistant Administrator
TO: Henry L. Longest II, Director
Office of Emergency and Remedial Response
Jonathan Z. Cannon, Director
Office of Waste Programs Enforcement
James Makris, Director
Preparedness Staff
Thomas Devine, Director
Office of Program Management and Technology
On September 14 and 21, 1987, the Administrator signed new and revised
delegations of authority regarding activities under CERCLA as amended by the
Superf und Amendments and Reauthorization Act (SARA) . The purpose of this
memorandum is to redelegate selected authorities to the Directors of the
Offices of Emergency and Remedial Response, Waste Programs Enforcement,
Program Management and Technology, and to the Director of the Preparedness
Staff in order to facilitate more efficient program operation.
I want to emphasize the importance of continued cooperative consultation
between the offices undertaking these authorities. Consultation between OWPE
.., .. ,..
•-work or. preantteariaatibh wlll-sohtrib^tie,.^© careful, review .o| f»ch -p^cposads;'
eiince berth OWE approval of setfej-em^p. a% ajid. OERg -.^pkoval of ttse.fcOf.P0hd .
.ap^i'es are required, irfn >d§^|i^n, $PM»d .GW^snould mHtusaiys ocnsuivsgg:* :
•tMt there is a cc^atent,.c^r^d-;.aB|)pc^^t^enJLn-,,site asses gwent, . including
p.u|lic;nealth assessmittts done by ATSDR, public health evaluations, and '•
eridangermpHt assessnsilts.
-------
-2-
Attachment A contains redelegations of authority to undertake specific
actions. Attachment B designates responsibilities to exercise concurrence,
to consult, or to receive notice. You may authorize a designee to act on
your behalf with regard to any of your concurrence, consultation, and notice
responsibilities.
The redelegations and designations contained in this document supersede
any and all previous redeleaations and designations.
Attachments
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CERCLA/SARA
REDELEGATIONS OF AUTHORITY
FROM THE ASSISTANT ADMINISTRATOR
FOR SOLID WASTE AND EMERGENCY RESPONSE
TABLE OF CONTENTS
REDELEGATION OF AUTHORITY (ATTACHMENT A)
R-14-6 Inspections, Sampling, Information Gathering,
Subpoenas and Entry for Response
R-14-7 Combination of Noncontiguous Facilities for
Response Purposes
R-14-8-A Federal-Lead Studies and Investigations Related
to Response Actions
R-14-8-B Studies and Investigations Related to Cost
^Recovery and Enforcement Decisions; Special Notice
R-14-9 Claims Asserted Against the Fund
R-14-10-A State Technical Assistance
R-14-16 Demand Letters
R-14-19 Contractor Indemnification
R-14-21 Agreements with other Federal Agencies
R-14-25 Notification of Trustees
R-14-27 Petitions for Reimbursement
R-14-28 Federal Agency Hazardous Waste Compliance Docket
R-14-30 Acquisition of Property
R-14-36 Lead Contaminated Soil
R-14-37 Reimbursement to Local Governments
R-14-38 EPA Role in Department of Defense Environmental
Restoration Program
R-8-33 Selection and Performance of Federal Corrective
Actions at Leaking Underground Storage Tanks
R-22-3 Administrative Enforcement Actions
R-22-7 Trade Secrets
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-2-
PFT>KT,"rJATICN OF AUTHORITY TO
EXERCISE CONCURRENCE TO CONSULT,
OR TO RECEIVE NOTICE (ATTACHMENT B)
R-14-1-A
R-14-10-B
R-14-12
R-14-13-C
R-14-14-A
R-14-14-B
R-14-14-C
R-14-14-D
I
R-14-18-A
R-14-24
R-14-26
R-14-30
R-14-31
R-14-35
R-14-36
R-14-38
R-22-1
R-22-3
Selection and Perfornance of Removal Actions
Costing up to $2,000,OCX)
State Legal Assistance
Civil Judicial Enforcement Actions
Emergency TRQs
Determinations of Imminent and Substantial
Endangerment
Administrative Actions. Through Unilateral Orders
i
Administrative Actions' Through Consent Orders
Cost Recovery Non-Judicial Agreements and
Administrative Consent Orders
Alternative Treatment Technology Research,
Development, Demonstration, and Training
Grants for Technical Assistance
Federal Lien
Acquisition of Property
Administration Penalty Actions
List of Hazardous Substances and Toxicological
Profiles
Lead Contaminated Soil
EPA Role, in Department of Defense Environmental
Restoration Program
Civil Judicial Enforcement Actions
Administrative Enforcement Actions
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REDELEGATION OF AUTHORITY
•
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-6. Inspections, Sampling, Information Gathering, Subpoenas,
and Entry for Response
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act as amended (CERCLA), to enter any vessel, facility,
establishment, place, property or location tor 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, information gathering, and response actions.
2. TO WHOM REDELEGATED. The Director of the Office of Waste Programs
Enforcement (OWPE) and the Director of the Office of Emergency and Remedial
Response (OERR).
3. LIMITATIONS.
a. Authority for subpoenas and compliance orders is delegated only to the
Director, OWPE. Other authorities are delegated to the Director, OERR for •
Fund-lead sites, and to the Director, OWPE for enforcement-lead sites.
b. The Director, OWPE 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.
c. The Director, OWPE and the Director, OERR must consult with the
Assistant Administrator for Enforcement and Compliance Monitoring or his/her
designee prior to obtaining warrants.
d. The Director, OWPE and the Director, OERR must consult with the
appropriate Regional Administrator or his/her designee prior to exercising
these authorities.
' "~,~-"\ ; '" ' 1i:. -L--*
4. REDELEGKTION AUTHORITY'. This authority may be redelegated.
5. ADDITIONAL REFERENCES." -'-i-fl
a. Sections I04(e), I09(a), I09'(b) and I22(e) of CERCLA. -H
b. Delegation 14-6, "Inspections, Sampling, Information Gathering,
Subpoenas, and Entry for Response."
c. National Contingency Plan, 40 CFR 300.
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REDELEGATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-7. Conbination 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 nonconti-
guous facilities that are related geographically or on the basis of threat
as one for purposes of response actions.
2. TO WHOM REDELEGATED. The Director of the Office of Emergency and Remedial
Response (OERR) and the Director of the Office of Waste Programs Enforcement
(OWPE).
3. LIMITATIONS. Authority is delegated to the Director, OERR for Fund-lead
sites and to the Director, OWPE for enforcement-lead sites.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(d)(4) of CERCLA.
b. Delegation 14-7, "Combination of Noncontiguous Facilities for
Response Purposes."
c. Guidance on combination of noncontiguous facilities can be found in
48 FR 40663 September 8, 1983 and 49 FR 37076 September 21, 1984.
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REDELEGATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-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 Stuaies
and Investigations Related to Remedial Actions," and to perform such studies
and investigations in consultation with the State.
2. TO WHOM REDELEGATED. The Director of the Office of Emergency and Remedial
Response (OERR) and the Director of the Office ot Waste Programs Enforcement
(OWPE).
3. LIMIT AT TONS.
a. Authority is delegated to the Director, OERR for Fund-lead sites
and to the Director, OWPE for•enforcement-lead sites.
b. 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. REDELEGATION AUTHORITY. This authority may redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Sections 104, 116, 117, and 121 of CERCLA.
b. Delegation 14-8-A, "Federal-Lead Studies and Investigations Related
to Response Actions."
c. National Contingency Plan, 40 CFR 300.
d. State Participation in the Superfund Program, February 1984,
Volumes I and II, as amended.
e. Directives issued by the Assistant Administrator for Solid Waste and
Emergency Response.
f. Strategic Planning and Management System is the Administrator's
management accountability system.
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REDELEGATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-8-B. Studies and Investigations Related to Cost Recovery and Enforcement
Decisions; Special Notice
1. AUTHORITY. 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 REDELEGATED. The Director of the Office of Emergency and Remedial
Response (OERR) and the Director of the Office of Waste Programs Enforcement
(OWPE).
3. LIMITATIONS. Authority is delegated to the Director, OERR for-Fund-lead
sites and to the Director, UWPE for enforcement-lead sites.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 104, 106, 107 and 122 of CERCLA.
b. Delegation 14-8-B, "Studies and Investigations Related to Cost
Recovery and Enforcement Decisions; Special Notice."
c. All applicable Agency guidance and directives.
d. See Delegation 14-6 for issuance of Section 104(e) requests.
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REBEL EGAT ION OF AUTHORITY '
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-9. Claims Asserted Against the Fund
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
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 REPELEGATED. The Director of the Office of Emergency and Remedial
Response (OERR).
3. LIMITATIONS. Consultation with the Director of the Office of Waste
Programs Enforcement is required on preauthorization involving potentially
responsible parties (PRPs).
4. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Sections lll(a), lll(e), 112, and 122 of CERCLA.
b. Delegation 14-9, "Claims Asserted Against the Fund."
c. National Contingency Plan, 40 CFR 300.
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REDELEEATION OF AUTHORITY/
THE COMPREHfcMSTVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-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.
2. TO WHOM REDELEGATED. The Director of the Office of Emergency and Remedial
Response (OERR) and the Director of the Office of Waste Programs Enforcement
(OWPE).
3. LIMITATIONS. Authority is delegated to the Director, OERR for Fund-lead
sites and to the Director, OWPE for enforcement-lead sites.
4. REPELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 104(d)(3) of CERCLA.
b. Delegation 14-10-A, "State Technical Assistance."
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.
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REDELEGATION OF AUTHORITY •
*
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-16. Demand Letters
1. AUTHORITY. Pursuant to the Comprehenswe Environmental Response,
Compensation and Liaoility Act, as amended (CERCLA), to prepare, sign ana
issue demand letters to responsible parties.
2. TO WHOM REDELEGATED. The Director of the Office of Waste Programs
Enforcement.
3. REDELBGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Sections 104, 106, 107, 109, 113, and 122 of CERCLA.
b. Delegation 14-16, "Demand Letters."
•
c. All applicable Agency guidance and directives.
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REDELEGATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-19. Contractor Indemnification
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response, Compen-
sation and Liability Act, as amended (CERCLA), to approve the indemnification
of response action contractors. This authority is to include authorizing
payments.
2. TO WHOM REDELEGATED. The Director of the Of f ice of Waste Programs Enforce-
ment (OWPE) and the Director of the Office of Emergency and Remedial Response
(OERR).
3. LIMITATIONS. Authority to indemnify enforcement contractors is delegated
to the Director, OWPE. Consultation with the Director, OERR is required on the
decision to indemnify and concurrence by the Director, OERR is required on
authorization of payments (use of Fund monies). Authority to indemnify all
contractors doing work to support OERR remedial and removal program activities
is delegated to the Director, OERR.
4- REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 119 of CERCLA.
b. Delegation 14-19, "Contractor Indemnification."
c. Delegation of contract award authority is covered in Delegation 1-2 ,
"Appointment of Designated Agency Procurement Executive," in Chapter 1 of the
Delegations Manual.
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REDFLEGATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-21. Agreements with other Federal Agencies
1. AUTHORITY. 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 completion by
the department, agency or instrumentality of all necessary response actions
at the Federal facility.
2. TO WHOM REDELEGATED. The Director of the Office of Waste Programs Enforce-
ment (OWPE).
3. LIMITATIONS.
a. The Director, OWPE, 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.
b. In the signing of such agreements, the level of the signing EPA
Headouarters official will be equivalent to the level of the co-signing party.
4. REDELEGATION AUTHORITY. The Director, OWPE may not redelegate authority
to enter into agreements for completion of remedial actions, and may not
redelegate other authorities below the Division Director level.
5. ADDITIONAL REFERENCES;
a. Section 120 of CERCLA
b. Delegation 14-21, "Agreements with other Federal Agencies."
c. Applicable Agency guidance and directives.
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REDELEEATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-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 fron 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
122(j)(l) related to such release, and to receive notice of designation of
State trustees under section 107 (f) (2) (b).
2. TO WHOM REDELEGATED. The Director of the Off ice of Waste Programs
Enforcement (OWPE) and the Director of the Office of Emergency and Remedial
Response (OERR).
3. LIMITATIONS. Authority is delegated to the Director, OERR for Fund-lead
sites and to the Director, OWPE for enforcement-lead sites.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 104(b)(2), 107(f)(2)(B), and 122(j)(l) of CERCLA
b. Delegation 14-25, "Notification of Trustees."
c. Applicable Agency guidance and directives
d. National Contingency Plan, 40 CFR 300.
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REDELBGATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14T27. Petitions for Reimbursement
1. AUTHORITY. Pjrsuant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA), to receive, evaluate, and
make determinations regarding petitions for re indorsement of the costs of
abatement actions incurred in carrying out a section 106 order. This
authority includes authorizing payment.
2. TO VMOM REDELEGATED. The Director of the Office of Waste Programs
Enforcement (OWPE).
3. LIMITATIONS. Concurrence of the Director of the Office of Emergency ana
Remedial Response is required on determinations and decisions regarding
authorizing payment (use of Fund monies).
4. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Section 106 of CERCLA.
b. Delegation 14-27, "Petitions for Reimbursement."
c. Applicable Agency guidance and directives.
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REDELEGATION OF AUTHORITY.*
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-28. Federal Agency Hazardous Waste Compliance Docket
1. AUTHORITY. Pursjant to the Comprehensive Environmental Response, Compen-
sation, and Liability Act, as amended (CERCLA), to estaolish and maintain a
Federal Agency Hazardous Waste Compliance Docket.
2. TO WHOM REDELEGATED. The Director of the Office of Waste Programs
Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Section 120 of CERCLA.
b. Delegation 14-28, "Federal Agency Hazardous Waste Compliance Docket."
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REDELEGATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-30. Acquisition of Property
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCLA) :
a. To determine whether real property affected by a Federal- or State -
lead Fund-financed response shall be acquired;
b. To authorize the acquisition of appropriate interest in the real
property.
2. TO WHOM REDELEGATED. The authority in l.a is redelegated to the Director
of the Office of Emergency and Remedial Response (OERR). The authority in
l.b is redelegated to the Director, OERR with regard to EPA acquisitions
(and was delegated in Delegation 14-30 to Regional Administrators for
acquisitions under cooperative agreements).
3. LIMITATIONS.
a. Before making a determination that real property shall De acquired
by EPA for response action, including a removal, remedial planning activity, or
remedial action, the Director, OERR must obtain the advance concurrence of
the General Counsel or his/her designee. The General Counsel or designee
may waive the advance concurrence requirement by memorandum.
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 Director, OERR 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.
4. REDELEGATION AUTHORITY. The Director, OERR may redelegate authority to the
Division Director level.
5. ADDITIONAL REFERENCES.
a. Section 104 of CERCLA.
b. Delegation 14-30, "Acquisition of Property."
c. 40 CFR Part 30, Federal Procurement Practices.
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REDELBGATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-36. Lead Contaminated Soil
1. AUTHORITY. Pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (CERCLA), to designate one to
three different metropolitan areas and to allocate among them up to $15
million for pilot program for removal, decontamination, or other action
with respect to lead-contaminated soil.
2. TO WHOM REDELEGATED. The Director of the Office of Emergency and
Remedial Response (OERR).
3. REDELEGATION AUTHORITY. The Director, OERR may not redelegate this
authority.
4. ADDITIONAL REFERENCES.
a. Section lll(a) of CERCLA.
b. Delegation 14-36, "Lead Contaminated Soil."
c. 40 CFR 30 and 40 CFR 33, EPA grant regulations.
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REDELEGATION OF AUTHORITY
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-37. Reimbursement to Local Governments
1. AUTHORITY. 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
conmunity 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 REDELEGATED. The Director of the Office of Emergency and Remedial
Response.
3. LIMITATIONS. During 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 AUTHORITY. This authority may be redelegated to the
Division Director level.
5. ADDITIONAL REFERENCES.
a. Sections llHcMll) and 123 of CERCLA.
b. Delegation 14-37, "Reimbursement to Local Governments."
c. Agency regulations on reimbursement to local governments for
temporary emergency measures.
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REDELEGATION OF AUTHORITY /
SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA)
R-14-38. EPA Role in Department of Defense Environmental
Restoration Program
1. AUTHORITY. Pursuant to Title 10, United States Code, Chapter 160, as
amended by Section 211 of the Superfund Amendments and Reauthonzation Act
of 1986 (SARA).
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 receive and conment on notices of release and proposals for
response actions under Chapter 160, § 2705, Department of Defense environ-
mental restoration activities.
2. TO WHOM REDELEGATED. The authority in l.a and l.c is redelegated to
the Director of the Office of Waste Programs Enforcement (OWPE). The
authority in l.b is redelegated to the Director of the Office of Program
Management and Technology.
3. LIMITATIONS.
a. The Director, OWPE will consult with the Director of the Oftice or
Emergency and Remedial Response when exercising the above authorities.
b. The Office of Emergency and Remedial Response (OERR) will provide
consultation to the Department of Defense (coordinated with OWPE) on program
and project implementation with respect to OERR guidance documents.
4. REDELEGATION AUTHORITY. The above authorities may be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 211 of SARA.
b. Delegation 14-38, "EPA Role in Department of Defense Environmental
Restoration Program."
c. Title 10, United States Code, Chapter 160, Sections 2701, 2702,
2704, and 2705 ("Armed Forces, Environmental Restoration").
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REDELEGATION OF AUTHORITY
SOLID WASTE DISPOSAL ACT (SWDA)
R-8-33. Selection and Performance of Federal Corrective Actions
at Leaking Underground Storage Tanks'
]. 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 REDELEGATED. The Director of the Office of Emergency and Remedial
Response.
3. LIMITATIONS. The Director, Office of Emergency and Remedial Response,
must obtain the advance concurrence of the Director, Office of Underground
Storage Tanks, and must consult with the Director, Office of Waste Programs .
Enforcement.
4. REDELEGATION AUTHORITY. The Director, Office of Emergency and Remedial
Response, may not redelegate this authority.
5. ADDITIONAL REFERENCES.
a. Superfund Removal directives.
b. Section 9005(a) of SWDA.
• c. Section 9003(h) of SWDA.
d. Delegation 8-33, "Selection and Performance of Federal Corrective
Actions at Leaking Underground Storage Tanks."
e. UST corrective action procedures.
f. "Underground Storage Tank Corrective Action Technologies,"
EPA/625/6-87-015, January 1987.
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REDELEGATION OF AUTHORITY
TITLE III OF THE SUPERFUND AMENDMENTS AND REAL7THORIZATION ACT
(TITLE III of SARA)
"Emergency Planning ana Camunity Right to Know Act"
R-22-3. Administrative Enforcement Actions
1. AUTHORITY. To take any administrative enforcement action under
Title III of the Superf jnd Amendments and Reauthonzation 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 REDELEGATED. The Director of the Office of Waste Programs
Enforcement.
3. LIMITATIONS.
a. The Director, Office of Waste Program Enforcement (OWPE), may
exercise this authority only in regard to sections 302, 303, 304, 311, 31Z,
322, and 323 of Title III-of SARA, and must notify the appropriate Regional
Administrator when exercising this authority.
b. The Director, OWPE 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.
4. REDELEGATION AUTHORITY. This authority may be redelegated.
5. ADDITIONAL REFERENCES.
a. Title III of SARA, Section 325.
b. Delegation 22-3, "Administrative Enforcement Actions."
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REDELEGATION OF AUTHORITY,
TITLE III OF THE SUPERFUND AMENDMENTS AND REALTTHORIZAT ION ACT
(TITLE III OF SARA)~
"Emergency Planning and Community Right to Know Act"
R-22-7. Trade Secrets
1. AUTHORITY. Pursuant to section 322 of Title III of the Supertund
Amendments and Reauthorization Act (SARA):
a. To receive trade secret information under section 322(a) of SARA.
i
b. To accept petitions for disclosure of trade secret information anc
to make determinations regarding sufficiency of substantiations and regarding
trade secrecy under section 322(d).
2. TO WHOM REDELEGATED. The authority in paragraphs l.a and l.b is
redelegated to the Director of the Preparedness Staff with regard to sections
303, 311, and 312 of Title III of SARA.
3. LIMITATIONS. The Director, Preparedness Staff will consult with
Regional Administrators when exercising this authority, as needea on a
site-specific basis.
4. REDELEGATION AUTHORITY. This authority may not be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 322 of SARA.
b. Delegation 22-7, "Trade Secrets."
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Attachment B
REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE.
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-1-A. Selection and Performance of Removal Actions
Costing Up to $2,000,000
1. AUTHORITY. To concur with Regional Administrators' decisions prior to
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.
2. DESIGNEE. The Director of the Office of Emergency and Remedial
Response.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. LIMITATIONS. The Director of the Office of Emergency and Remedial
Response may exercise this authority only with regard to concurrences. The
authority to nonconcur is retained by the Assistant Administrator for Solid
Waste and Emergency Response OP designee.
5. ADDITIONAL REFERENCES.
a. Sections 304, J2](d), and 12](e) of CERCLA.
b. Delegation 34-3-A, "Selection and Performance of Removal Actions
Costing Up to $2,000,000."
c. National Contingency Plan, 40 CFR 300.
d. Superfund Removal directives.
e. 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.
f. List of Nationally Significant or Precedent-Setting Removal
Categories.
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REDELEGATION OF AUTHORITY 4TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-10-B. State Legal Assistance
1. AUTHORITY. To receive notice from the Assistant Administrator for
Enforcement and Compliance Monitoring (AA/OECM) or designee before the
AA/DECM or designee exercises the authority to provide to a State or political
subdivision actiny on behalf ot the Agency, legal assistance in the
administration and enforcement of any contract (or subcontract) for response
actions, and before the AA/UECM exercises the authority to request the
Attorney General to intervene in any civil actions involving the enforcement
of such contract or subcontract.
2. DESIGNEE. The Director of the Office of Emergency and Remedial Response
and the Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Section 104(d)(3) of CERCLA.
b. Delegation 14-10-B, "State Legal Assistance."
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REDELBGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-12. Civil Judicial Enforcement Actions
1. AUTHORITY. To receive notice from the Assistant Administrator for
Enforcement and Compliance Monitoring or designee when a civil enforcement
case is referred to the Attorney General and when an appeal is formally
initiated under Delegation 14-12.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELBGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. 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. Delegation 14-12, "Civil Judicial Enforcement Actions."
d. See delegation 14-13-C, entitled "Emergency TFOs," for Regional
Administrators' authority to make direct referrals of requests for emergency
CERCLA Temporary Restraining Orders.
e. All applicable Agency guidance and directives.
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REDELEEATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-13-C. Emergency TROs
1. AUTHORITY. To receive notice from the Assistant Administrator for
Enforcement and Compliance Monitoring or delegatee and Regional Administrators
when requests for emergency Temporary Restraining Orders are referred to the
Attorney General.
i
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Memorandum of Understanding between the Agency and the Department'
of Justice.
b. Sect-ions 106(a), 106{b) and 107 of CERCLA.
c. Delegation 14-13-C, "Emergency TRDs."
d. For referral of other civil actions under CERCLA, see Delegation
14-12, "Civil Judicial Enforcement Actions."
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REDELEGATION OF AUTHORITY ID
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-14-A. Determinations of Imminent and Substantial Endangerment
1. AUTHORITY. To consult with Regional Administrators on determinations of
imminent and substantial endangerment to public health or welfare or the
environment.
2. DESIGNEE. The Director, Office of Waste Programs Enforcement (OWPE).
3. LIMITATIONS. The Director of the Office of Emergency and Remedial
Response must be notified when such consultation occurs.
4. REDELEGATION AUTHORITY. This authority may be redelegated to tne Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 106(a) of CERCLA.
b. Delegation 14-14-A, "Determinations of Imminent and Substantial
Endangerment."
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4
REDELEGATION OF AUTHORITY JO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-14-B. Administrative Actions Through Unilateral Orders
1. AUTHORITY. To consjlt with Regional Administrators on their administra-
tive actions, including, but not limited to, their issuance of such unilateral
orders as may be necessary to protect public health and welfare and the
environment, under Delegation 14-14-B.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. LIMITATIONS. The Director of the Office of Emergency and Remedial
Response must be notified when such consultation occurs.
4. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Sections 104, 106, and 122 of CERCLA.
b. Delegation 14-14-B, "Administrative Actions Through Unilateral
Orders."
c. Applicable Agency guidance and OSWER directives.
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REDELEGATION OP AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-14-C. Administrative Actions Through Consent Orders
1. AUTHORITY. To exercise advance concurrence on Regional Administrators'
administrative actions, including, but not limited to, the issuance of consent
orders, under Delegation 14-14-C, and to waive such advance concurrence by
memorandum.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. LIMITATIONS. The Director of the Office of Waste Programs Enforcement
may exercise this authority only with regard to concurrences. The authority
to nonconcur is retained by the Assistant Administrator for Solid Waste and
Emergency Response designee.
5. ADDITIONAL REFERENCES.
a. Sections 104, 106, and 122 of CERCLA.
b. Delegation 14-14-C, "Administrative Actions Through Consent Orders."
c. All applicable Agency guidance and directives.
d. Authority to enter into or exercise Agency concurrence authority
,<:or non-judicial cost recovery agreements or administrative orders is
delegated in 14-14-D, "Cost Recovery Non-Judicial Agreements and Administrative
Consent Orders."
e. 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, "DC Minimis Settlements."
f. Memorandum dated February 2, 1984 from Lee Thomas to Regional
Administrators on waiver of advance Headquarters' concurrence on some
Administrative orders.
g. Memorandum dated January 3, 1985 from Gene Lucero to Regional
Administrators on waiver of advance concurrence requirements for certain
consent administrative orders.
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REDELEGATION OF AUTHORITY tb
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-14-D. Cost Recovery Non-Judicial Agreements and Administrative
Consent Orders
1. AUTHORITY. To consult with Regional Administrators on settlements
under Delegation 14-14-D where the total response costs at the facility
exceed $500,000 (excluding interest) and the settlement compromises a claim
of the United States, and to waive such consultation by memorandum.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Sections 104, 107, and 122 ot CERCLA.
b. Delegation 14-14-D, "Cost Recovery Non-Judicial Agreements and
Administrative Consent Orders."
c. All applicable Agency guidance and directives.
a. Authority to enter consent orders for administrative actions is
delegated in 14-14-C, "Administrative Actions Through Consent Orders."
e. 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."
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REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-18-A. Alternative Treatment Technology Research,
Development, Demonstration, and Training
1. AUTHORITY. To concur in advance on the decision of the Assistant
•Administrator for Research an-1 Development or delegatee to undertake
technology demonstrations.
2. DESIGNEE. The Director of the Office of Program Management and
Technology (OPMT).
3. LIMITATIONS. The Director, OPMT will consult with the Director of
the Office of Emergency and Remedial Response before exercising the above
authority.
4. REDELEGATION AUTHORITY. This authority may be redelegated 'to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 311(b) of CERCLA.
b. Delegation 14-18-A, "Alternative Treatment Technology Research,
Development, Demonstration, and Training
c. SITE Program Strategy.
d. SITE Program Operations Plan.
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REDELEGATION OF AUTHORITY TO.
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14-24. Grants for Technical Assistance
1. AUTHORITY. To exercise advance concurrence on Regional Administrators'
waiver of the limit of $50,000 per grant recipient under CERCLA section 117(e)(2),
and to waive such advance concurrence by memorandum.
2. DESIGNEE. The Director of the Office of Emergency and Remedial Response.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Section 117(e) of CERCLA.
b. Delegation 14-24, "Grants for Technical Assistance."
c. Agency grant regulations, 40 CFR 30 and 40 CFR 33.
d. Agency regulations under section 117(e).
e. The authority to execute assistance agreements is delegated in
Delegation 1-14.
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REDELEGATION OF AUTHORITY fb
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (CEKTLA)
R-14-26. Federal Lien
1. AUTHORITY. To receive notice from Regional Administrators when they
file notice and assert Federal and maritime liens under Delegation 14-26.
2,. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may be redelegated to the Division
•Director level.
4. ADDITIONAL REFERENCES.
a. Sections 107(1) and (m) of CERCLA.
b. Delegation 14-26, "Federal Lien."
c. Delegation 14-12, "Civil Judicial Enforcement Actions."
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REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
R-14-30. Acquisition of Property
1. AUTHORITY. To exercise advance concurrence on Regional Administrators'
determination that real property affected by a Federal- or itate-lead
Fund-financed response (including a removal, remedial planning activity,,£or
remedial action) shall be acquired, and to exercise advance concurrence on
Regional Administrators' authorization of property acquisition through a£
cooperative agreement for response action. To waive such advance concurrence
by memorandum.
2. DESIGNEE. The Director of the Office of Emergency and Remedial Response.
3. LIMITATIONS. Consultation required with the General Counsel, whose advance
concurrence with Regional Administrators is also required.
4. REDELEGATION AUTHORITY. .This authority may be redelegated to the Division
Director level.
5. ADDITIONAL REFERENCES.
a. Section 104 of CERCLA.
b. Delegation 14-30, "Acquisition of Property."
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REDELEEATION OF AUTHORITY TO*
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE t
COMPENSATION, AND LIABILITY ACT (CERCLA)
R-14'r.31. -! Adm:inis.trative Penalty Actions
1. AUTHORITY. To receive notice from Regional Administrators of determina-
tions of violations onder CERCLA section 109, assessment of penalties, issuance
S£snotices, orders or complaints, and the negotiation and signing of consent
orders of settlements under section 109 between the Agency and' respondents.
2. DESIGNEE. The Director-of the Office of Waste Programs- Enforcement.
'REDELEGATION AUTHORITY.-' This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. All applicable Agency guidance and directives.
b. Delegation 14-31, "Administrative Penalty Actions."
c. Section 109 of CERCLA.
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REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOT-ICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
,COMPENSATION., AND LIABILITY .ACT (CERCLA)
R-14-35. List of Hazardous Substances and Toxicological Profiles
1. AUTHORITY. To consult with Assistant Administrator for Pesticides -.agd.
Toxic Substances -or delegatee when preparing, or revising the list of
hazardous substances and when developing guidelines for the development of
toxicological-profiles for such substances under Delegation 14-35.
2. DESIGNEE. -The; Director of the Office of Emergency and Remedial Response.
3. REDELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Sections 104(i)(2) and (3) of CERCLA.
b. Delegation 14-35, "List of Hazardous Substances and Toxicological
Profiles."
*[Note that CERCLA section 104(j) is printed in the middle of Section
104(i). Sections 104(i)(2) and (3) can be tound 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.]
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REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION,-. "AND LIABILITY ACT (CERCEA)
. - Lead -Contaminated- Soil"
1. AUTHORITY. To exercise concurrence in advance of Regional Administrators'
award of grants or 'cooperative -agreement, to a State, local government, or
recipient to carry outi.a pilot- -program for removal,.- decontamination,
- -other -act ion with respect - to :lead-contamina ted soil.
2. DESIGNEE. The Director of the Office of Emergency and Remedial
Response (OERR) . -
3. REPEL EG AT ION AUTHORITY. This authority may be redelegated to the Division
Director level.
4. ADDITIONAL REFERENCES.
a. Section 111 (a) of CERCLA.
*-^. Delegation 14-36, -"Lead Contaminated Soil-."
c. 40 CFR 30 and 40 CFR 33, EPA grant regulations.
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REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSULT
OR TO RECEIVE NOTICE
SUPEREUNt) 'AMENDMENTS AND REAOTHO'RIZJgIQN"'-ACT (SARA)
R-14-38. EPA Role in Department: ofc:Oefense Environmental
Restoration Program
1. AUTHORITY. -To "consul C "with the Assistant Administrator for Research^
and Development1 or- deiegatee when consultation-is provided to the Secretary
of Defense to carry-cue a-program of-research,-development and demonstration
with respect to hazardous wastes.
2. DESIGNEE. The Director of the Office of Program Management ancf
Technology.
3. REDELEGATION AUTHORITY. This authority may be redelegated.
4. ADDITIONAL REFERENCES.
a. Section 211 of SARA.
b. Delegation 14-38;-'"EPA; Role an.?Department of Defense Environmental
Restoration Program."
c. Title 10, United States Code, Chapter 160, Sections 2701, 2702,
2704, and 2705 ("Armed Forces, Environmental Restoration").
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REDELEGATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSUL!
OR TO RECEIVE NOTICE
TITLE III OF THE SUPERFUND AMENDMENTS AND REAUTHORIgATION ACT
(TITLE III Of SARA)
"Emergency Planning and Connunity Right to Know Act"
R-2Z-1. Civil Judicial Enforcement Actions
1. AUTHORITY. To receive notice fron the Assistant Administrator for
Enforcement and Compliance Monitoring fAA/OECM) or delegatee when the Attorney
General is requested to appear and represent the Agency in any civil enforce-
ment action or to intervene in any civil enforcement action pursuant to Title
III of. the Superfand Amendments and Reauthorization Act (SARA); "to receive
hptice fron the AA/OECM when the Attorney General is requested to-declihe
to prosecute a previously referred civil enforcement .action, and when the
Attorney General is requested to initiate an appeal and represent the Agency
in sjch an appeal.
2. DESIGNEE. The Director of the Office of Waste Programs Enforcement.
3. REDELEGATION AUTHORITY. This authority may.be redelegated,
4. ADDITIONAL REFERENCES.
a* Title III of SARA, Section. 325.
b. Delegation 22-1, "Civil Judicial Enforcement Action."
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REDELEEATION OF AUTHORITY TO
EXERCISE CONCURRENCE, TO CONSUL'!
OR TO RECEIVE NOTICE-'
TITLE III OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT
JTITLE-III.'of SARA)' =
"Emergency Planning and Community Right to Know Act"
R-2-2-3-. fiamanistrative Enforcement Actions
1. AUTHORITY. To1 consult with Regional Admiriistra'tors. in advance o'f.
their exercising administrative enfbrceme'ht"-authority under SARA Title
Sections 302, 3
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