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

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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

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              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

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—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

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