Document NE8NDwgL6qEDq22noo5oXe4my

To: Jackson, Ryan[jackson.ryan@epa.gov] From: Brittingham, Charles II (WAS-CAS) Sent: Mon 5/22/2017 1:45:24 PM Subject: EPA Changing Superfund Cost Decisions cercla delegation memo and delegations.pdf Hey RJ Hope all is well. One of the firm' s high-priority clients is interested in EPA's approach to the below excerpt. Would love to discuss offline when you have a chance. You can call my desk line (202-585-2479) or m y cell (202-412-3106). They're probably sending company representative to DC during the week of June 5th so the sooner we can disucss the better. Thanks man. I am curious to learn whether the Adminiatrator's approach will apply to only new sites or could be utilized to take a look at existing sites where a Record of Decison has been finalized. We have a Region ("Region 7") spending hundreds of millions of dollars (superfund and PRP dollars) cleaning up entire counties with archaic methods and without addressing one or more of the most significant sources of lead. In fairness to the Region, they do not have authority to clean up indoor paint/plumbing and may be using the only tool at their disposal to try to help impact blood lead levels. The Administrator is likely the only person who can bring an inter agency approach to try to address residential lead in the Region and, if this is undertaken, serious consideration should be made to address yard cleanup using more modern tools that are more cost effective, as protective of human health and better for the environment than dig and haul. Pruitt EPA Gives Cos. New Way To Fight Superfund Costs U.S. Environmental Protection Agency Administrator Scott Pruitt last week gave himself the final word on how the most expensive Superfund sites are cleaned up, significantly diminishing regional EPA offices' authority and providing polluters with a new avenue to push for more favorable deals, experts said. Under Pruitt's revised Comprehensive Environmental Response, Compensation and Liability Act delegation of authority, the power to sign off on Superfund remedies costing $50 million or more now belongs to Pruitt or his as-yet-unnamed deputy administrator. It previously was held by the... This message contains information which may be confidential and privileged. Unless you are the intended recipient (or authorized to receive this message for the intended recipient), you may not use, copy, disseminate or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail, and delete the message. Thank you very much. 17cv1906 Sierra Club v. EPA ED_001523_00004560-00001 E. Sc o rr Piu nt Administrator May A 2017 MEMORANDUM SUBJECT: Revisions to CERCLA Delegations of Authority 14-2 Responses -and 14-21A Consultations. Determinations. Reviews d Selection of Remedial Actions at I ederal facilities FROM: E. ScottPruitt TO: Assistant Administrator Office- of Land and Emergency Management Regional Administrators TheiSuperfund program is a vital function of the U.S. Environmental Protection Agency, and under my administration. Superfund and the (TAls land and waler cleanup efforts will be restored to their rightful place at the center of the agency's core mission. As such, in order to facilitate the more-rapid remediation and revitalization uf con^ -promote accountability and consistency in remedy selection,-1 have-issued the accompanying; revised CERCLA delegation of authority. With this-revised delegation, authority previously delegated to the Assistant Administrator for Office of Land and Lmcrgcncy Management and the Regional Administrators to select remedies estimated to cost $50 million or more at sites shall be retained by the Administrator. The purpose; of these revisions is to improve the remedy selection process-and to.involw the Administrator and the Administrator's office in this process more directly. In light of this revised delegation, please -take all necessary<steps-to adjust associated consultations, reviews and other-practices in a-manner consistent with the revised delegation. As pari of effectuating this adjustment to the remedy selection process, T ask that you involve the Administrator's -Office early on and throughout the process of developing and evaluating alternatives and remedy selection. This is particular!} important for sites where you anticipate that the preferred remedial alternative and/or the remedy selected in the Record of Decision will be estimated to cost more than $50 million and thus will require the Administrator's approval and signature on the Record of Decision, it is through this enhanced cooperation and continuous involvement that we will work to revitalize this essential agency effort while enhancing consistcncv in remedy selection across-states-and the regions. i.W" p, -.p ... ,, Ui. \M \I al ( I . 1.11 \ . \\ ,,HI-.,,,,,.., ])( .Wibi. . I.W21 Wl-itoi- I o.: Vt-i | Th paper Is primed inks and is iOO-percentpostconw^ material, chlorine-frheprocessed ana recyclable; 17cv1906 Sierra Club v. EPA ED_001523_00004561 -00001 Please consult the-revised delegations-for additional information. The revised delegations are effective immediately. 17cv1906 Sierra Club v. EPA ED_001523_00004561-00002 E. Sc<n r Erlitt Administra tor May 9,2017 SUBJECT: Delegation of Authority FROM: E. Scott Pruitt TO: Assistant Administrator Office ofLand and Emergency Management Regional Administrators 14-2. Responses (1200 TN 531) 1. AUTHORITY. To respond to any release or threatened release of a hazardous substance, pollutant or contaminant pursuant to the Comprehensive bin ironmental Response. Compensation and Liability Act. Section 104. and 40 (T'R Part 300. "National Oil and Hazardous Substances Pollution Contingency Plan." 2. TO- WHOM DELEGATED. a) The Administrator reserves-the authorityto select the- remedy in the Record ofDecision when the estimated cost of the remed} exceeds $50 million. The Administrator may delegate this authority to the Deputy Administrator and no further. b) All other authorities are delegated to the assistant administrator for the Office of Land and Emergency Management and regional administrators. 3. LIMITATIONS, a) These authorities shall be exercised subject to approved funding levels. b) Regional Administrators may exercise these authorities only at sites located withintheir' respective regions, unless there is a memorandum of agreement that authorizes cross boundary emergency response. o Regional Administrators may select a response action. Consultation prierto selection may be required by memorandum from the AA OLEM. J- I' w Vi \M Moi ('..nt IP-: \ Wwir-uuk. IM cu |m> . <2W) a I-10^ ! w ? 1 -1 iT This paper is primed wm vegetebie.oihbaseci inks end rs 1G.perem pesteofisumer ree^ material. chtoriheTree.^^ and recyclable. 17cv1906 Sierra Club v. EPA ED_001523_00004561 -00003 d) Unless waived by memorandums the AA OLEM must approve the- use of the consistency waiver in Section 104(c) (1 )(C) ofCERCLA for removal actions at sites not proposed to or final on the National Priorities List. e) When the emergency waiver in Section 104(c)( 1)(A) is used, regional administrators may approve removal actions costing up to $6 million. Regional administrators must seek approval from the AA OLEM for removal actions costing more than $6 million and requiring the emergency waiver. This limitation may be waived or modified by memorandum from the AA OLEM. f) I nlcss waived by memorandum, the AA OLEM must concur prior to the initiation of a remo\ al action al non-XPI, sites where the proposed action is on the I fist of Nationally Significant or Precedent-Setting 'Removal Action categories. 4. REDELEGATION AUTHORITY. a) The AA OLEM may rcdclegatc these authorities to the office director level or equivalent, and no further. b) Regional administrators may redelegate these authorities to the branch chief level, or equivalent, and no further. c) Regional administrators; may rcdelegatc to designated On-Scene Coordinators the authority to determine the need for emergency response and to approve and initiate removal actions costing up to $250,000 where site conditions constitute an emergency and up to $50,000 where site conditions do not constitute an emergency. d) An official who redclegates an authority retains the right io exercise or withdraw the authority. Redclegatcd authority may be exercised by any official in the chain of command to the official to whom it has been specifically redelegated. 5. ADDITIONAL REFERENCES. a) CERCEA. Sections 101(23). 101(24). 105. 113. 116. 117. 118. 120. 121 and 126(h). b) 40 CER 35. Suhpart (). "Cooperative Agreements and Superfund State Contracts for Superfund Response Actions.'5 cj EP.A Delegation 14-1. Superfund State Contracts and Cooperative Agreements. d) EPA Delegation 14-17. National Priorities list. c) EPA Delegation 14-22, Response Action Administrative Record. fl EPA Delegation 14-30,/Acquisition of Property. g) Limited Contracting ()fficer Warrant Authority issued to designated OSCs. h) "Use/ of 'Non-Time-Critical Removal Authority in Superfund Response Actions," OSWER Directive 9360.0-40P. Ecbruary 14. 2000. specifying the director. Office of Emergency and Remedial RcsponswOLEM will consult with the Director. Office of Site Remediation Enforcement/Office of Enforcement and Compliance Assurance prior to concurring on any engineering evaluation/cost analysis approval memorandum for a Fund-lead action -that could exceed $6 million. 0 All other directives, policy and guidance issued by OLEM and OECA pertaining to response and consultation requirements. 17cv1906 Sierra Club v. EPA ED_001523_00004561-00004 f iBii E. Sooit Pri h i Administrator May952017 MEMORANDUM SUBJECT: Delegation of Authority 14-21A Consulwions, Determinations, Reviews anti Selection of Remedial FROM: E. Scott Pruitt TO: Assistant Administrator Office of Land and Emergency Management Regional Administrators . 14-21 A. Consultations. Determinations. Reviews and Selection of Remedial Actions at Federal Facilities (1200 I N 539) 1. AUTHORITY. Pursuanttothe-ComprehensiveEnvironmental Respo as amended: to consult with agencies, departments and instrumentalities regarding investigations and studies of federal facilities under Section 120(c)( 1): to review the plans for and results of such investigations and studies under Section 120(e)(2): to select remedial actions under Section 120(c)(4); and to determine under Section 120(e)(6) that remedial investigations and feasibility studies or remedial action will he done properly at a federal facility, by another potential!v responsible partv within the deadlines provided in Section 120(e)(1). (2) and (3). 2. TO WHOM DELEGATED. a. fhe Administrator reserves the authority for purposes of Section 120(e)(4) to select the remedy in the Record of Decision when the estimated cost of the remedy exceeds $50 million. The Administrator may delegate this authority to the Deputy Administrator and no further. b. All other authorities are-delegated to the assistant :administtator for the-Office of Land and Emergency Management and regional administrators. T-'" I'l VlAM Mui Cw-i I IMA Wwisw rw DC 2<>h,o (Ji'Ji T I- i7>> - I a. WM 0 @ This paphr is prirtl with veget6le-oil-basi inks nd is lOO-percent pneteonsunwr recycled material, chlonna-lree-processed anti recyclable. 17cv1906 Sierra Club v. EPA ED_001523_00004561 -00005 3. LIMITATIONS. Consultation prior to selection of a remedial action may be req uired by memorandum from theAAOLEM. 4. REDELEGATION AUTHORITY. a. The AA OEEM may redelegate these authorities to the director, Federal Facilities Restoration and Reuse Office, and no further. b. Regional administrators may redelegate these authorities to the branch chief level, or equivalent, and no further. c. An official who redelegates an authority retains the right to exercise or withdraw the authority. Redelegated authority may be exercised fry any official in the chain of command to the official to whom it has been specifically redelegated. 5. ADDITIONAL REFERENCES. a. 40 CFR -Part 300. "National Oil and Hazardous Substances Pollution Contingency Plan.5' b. EP/X Delegation of Authority 14-2. Response. c. EPA Delegation ofAuthority 14-21 -B. Agreements with -Other Federal Agencies. d. EPA Delegation of Authority 14-40, Evaluation of Approved Remedial Design. 17cv1906 Sierra Club v. EPA ED_001523_00004561 -00006