United States Environmental Protection Agency Office of Solid Waste and Emergency Response EPA DIRECTIVE NUMBER: 9350.2-04 • Authorization for Regional Administrators to Approve Consistency Exemptions at NPL Sites APPROVAL DATE: 2/24/92 EFFECTIVE DATE: 2/24/92 ORIGINATING OFFICE: 0ERR FINAL D DRAFT LEVEL OF DRAFT n A — Signed by AA or DAA n B — Signed by Office Director C] C — Review & Comment REFERENCE (other documents): OSWER OSWER OSWER DIRECTIVE DIRECTIVE ------- United States Environmental Protection Agency Washington. DC 20460 ‘OEPA OSWER Directive Initiation Request I Directive Number 9360.2-04 2. Orl lnatov information r ame of Contact P. dn I Mail Coda Office Greg Weigei I OS—210 OERR . Telephone Code 260—2196 Titte Authorization for Regional Administrators to Approve Consistency Exemptions at NPL Sites 4 Summary of Directive (include bnef statement of purpose) This directive provides Regional Administrators with limited authority to approve exemptions from the $2,000,000 statutory limit on CERCLA removal actions. This authority is limited to consistency exemptions at proposed arid final National Priorities List sites. . Keywords Site assessment and remediation 6.. Does This Directive Supersede Previous Qir ctlve s) No Yes What directive (number, title) b D,es It Supplement Previous Directive(s)’ , J No Yes What directive (number. title) 7 Draft Level L I I A - Signed by MJOM B “Signed by Office Director LI C — For Review & Comment D - in Development 8. Document to be distributed to States by Headquarters? Yes No This Request Meets OSWER Directives System Format Standards. 9 Signature of Lead Office Directi s Coordinator 10 Name nd Title of App Date Date EPA Form 1315-ti (R.v. S-Si) Previous editions are obsolete. OSWER OSWER OSWER 0 VE DIRECTIVE ‘ DIRECTIVE DIRECTIVE ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D C 20460 F£6 2 4 1992 OF MEMORANDUM SOLID WASTE AND EMERGENCY RESPONSE OSWER Directive 9360.2-04 1 Administrators to Approve jtes SUBJECTc Authorization \ Consistency FROM: l^Don R. Clay Qjj Assistant Ad TO: \ Regional Administrators, Regions I - X PURPOSE The purpose of this directive is to provide Regional Administrators with limited authority to approve exemptions from the $2,000,000 statutory limit on CERCLA removal actions. This authority is limited to consistency exemptions at proposed and final National Priorities List (NPL) sites. BACKGROUND CERCLA section 104(c), as amended, allows an exemption from the $2,000,000 statutory limit if the continued response action is otherwise appropriate and consistent with the remedial action to be taken. This is called the "consistency exemption." Superfund delegation 14-2-B (September 1987), delegates approval authority for consistency exemptions to the Assistant Administrator, Office of Solid Waste and Emergency Response (AA/OSWER) and Regional Administrators. Regional Administrators may only exercise this authority at sites specified by the AA/OSWER. OBJECTIVE The objective of providing Regional Administrators with this authority is to decrease the time required for processing consistency exemptions, and allow Regional Administrators greater flexibility in determining how NPL sites will be addressed. The ultimate goal is to accelerate cleanup of these sites. Printed on Recycled Paper ------- —2-- IMPLEMENTATION Effective immediately, Regional Administrators may approve exemptions from the CERCLA $2,000,000 limit at proposed and final NPL sites in their Regions, when the continued response action is otherwise appropriate and consistent with the remedial action to be taken. This authority is pursuant to CERCLA 104(c), as amended, and Superfund delegation 14-2-B. Regional Administrators may not redelegate this authority. A copy of each action memo signed under this authority must be immediately forwarded to the Director, Emergency Response Division (ERD) at Headquarters. The AA/OSWER retains the authority to approve consistency exemptions from the $2,000,000 limit at non—NPL sites, as well as the authority to approve emergency exemptions from the $2,000,000 limit at NPL and non—NPL sites. Consistency exemption action memoranda must thoroughly document the rationale for the response and explain how the action meets CERCLA exemption criteria. This is necessary because the exemption request action memo documents the legal basis for response work beyond the $2,000,000 limit and forms the primary component of the administrative record. ERD, the Office of Waste Programs Enforcement and the Office of General Counsel will periodically evaluate the quality of consistency exemption action memos approved by the Regions, to ensure that they continue to adequately justify exemption from the $2,000,000 limit. Guidance on the application of the consistency exemption is in OSWER Directive 9360.0—12A (June 1989) - Final Guidance on Implementation of the “Consistency” Exemption to the Statutory Limits on Removal Actions. Guidance on the preparation of action memos, including consistency exemptions, is in OSWER Directive 9360.3-01 (December 1990) - Superfund Removal Procedures, Action Memorandum Guidance. Additionally, Regional Coordinators in ERD continue to be available to provide assistance in the preparation of consistency exemptions, or any other type of action memo. cc: R. Guimond S. Luftig H. Longest B. Diamond S. Mansbach D. Dietrich ------- |