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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

OFFICE OF

SOLID WASTE AND EMERGENCY 

RESPONSE 

James C. Card

Rear Admiral, U.S. Coast Guard 

Chief, Office of Marine Safety, 

Security and Environmental Protection 

Dear Admiral Card:

I am pleased to send you two copies of the U.S. Coast Guard (USCG) and U.S. 

Environmental Protection Agency (USEPA) Superfund Memorandum of Understanding (MOU), 

and request that you sign it. The MOU establishes funding coordination mechanisms for USCG 

access to Superfund, and it supersedes the MOU of January 4, 1982. 

This MOU is the result of the joint USCG and USEPA MOU workgroup effort begun on 

June 9, 1993. The workgroup represented all concerned offices in both agencies. The resultant 

MOU will improve procedures for USCG access to the Superfund and will better serve both 

agencies’ interests. 

If you have any questions concerning the MOU please contact: 

Jack Crawford Mark Mjoness 

National Pollution Funds Center Emergency Response Division 

USCG USEPA 

703-235-4742 703-603-8727 

Please have your staff contact Mr. Mjoness after the MOU is signed and we will make 

arrangements for obtaining our copy. 

I am pleased that the staff of our agencies were able to cooperate on the MOU. 

Sincerely, 

Elliott P. Laws 

Assistant Administrator 

Appendix A 

CERCLA (CG and EPA)

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U.S. Department 

of Transportation 

United States 

Coast Guard 

Aug 17 1994 

Elliott P. Laws 

Assistant Administrator

Office of Solid Waste and 

Emergency Response 

U.S. Environmental Protection Agency

Harvey G. Pippen, Jr. 

Director 

Office of Grants and Debarment 

U.S. Environmental Protection Agency

Gentlemen: 

James C. Card 

Rear Admiral, U.S. Coast Guard 

Chief, Office of Marine Safety, 

Security and Environmental Protection 

Daniel F. Sheehan 

Director 

National Pollution Funds Center 

U.S. Coast Guard 

We, the members of the joint U.S. Coast Guard (USCG) and U.S. Environmental 

Protection Agency (USEPA) Superfund Memorandum of Understanding (MOU) Workgroup, 

request that you sign the enclosed MOU between our agencies. The workgroup represents all 

concerned offices in both agencies. The MOU establishes funding coordination mechanisms for 

USCG access to Superfund, and it supersedes the MOU of January 4, 1982. 

The MOU is the result of the workgroup effort begun on June 9, 1993. The resultant MOU 

will improve procedures for USCG access to the Superfund and will better serve both agencies’ 

interests. 

If you have any questions concerning the MOU please contact: 

Mark Mjoness Jack Crawford 

Emergency Response Division National Pollution Funds Center 

USEPA USCG

703-603-8727 703-235-4742 

We are pleased to have been part of the joint effort. 

Appendix A A-30 

CERCLA (CG and EPA) 
Sincerely, 

U.S. ENVIRONMENTAL PROTECTION 

AGENCY 

______________________________________ 

Mark Mjoness 

Emergency Response Division 

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Joseph Rauscher 

Emergency Response Division 

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Esther Williford 

Emergency Response Division 

______________________________________ 

Susan Dax

Financial Management Division 

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Kristen Skogebo 

Financial Management Division 

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Nelson Price 

Financial Management Division 

U.S. COAST GUARD 

______________________________________ 

Darrell Neily

National Pollution Funds Center 

______________________________________ 

Jack Crawford 

National Pollution Funds Center 

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CDR Kenneth Keane 

Marine Environmental Protection Division 

______________________________________ 

Margaret Dougherty

National Pollution Funds Center 

______________________________________ 

John Andrzewjewski 

National Pollution Funds Center 

______________________________________ 

CDR Robert Douville

National Pollution Funds Center 

Appendix A A-31 

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Appendix A 

CERCLA (CG and EPA)

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1 MEMORANDUM OF UNDERSTANDING

2 Between 

3 THE UNITED STATES COAST GUARD 

4 and 

5 THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

6 ___________________________________________________ 

7 Procedures for United States Coast Guard Access to 

8 Superfund, to Support Coast Guard Implementation of CERCLA 

Appendix A 

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TABLE OF CONTENTS

I. PURPOSE .................................................................................................................37 

II. AUTHORITY ...........................................................................................................37 

A. DEFINITIONS.......................................................................................................37 

III. CERCLA COSTS.....................................................................................................37 

A. REMOVAL COSTS..............................................................................................38 

1. Extramural Costs..................................................................................................38 

2. Intramural Costs ...................................................................................................38 

B. USCG COSTS IN SUPPORT OF USEPA REMOVAL ACTIONS ....................39 

C. ONGOING RESPONSIBILITIES COSTS...........................................................39 

IV. ACCOUNTING FOR ONGOING RESPONSIBILITIES COSTS .....................39 

V. INCIDENT CASE FILE..........................................................................................40 

A. FINDING OF IMMINENT AND SUBSTANTIAL ENDANGERMENT............40 

B. ACTION MEMORANDUM..................................................................................40 

VI. QUALITY ASSURANCE........................................................................................40 

VII. MODIFICATION AND TERMINATION ............................................................41 

VIII. PERIOD OF AGREEMENT...................................................................................41

IX. SIGNATURES..........................................................................................................42

APPENDIX A 

PROCEDURES FOR MULTI-INCIDENT REMOVAL

INTERAGENCY AGREEMENTS (IAGs) ...............................................................43 

APPENDIX B 

PROCEDURES FOR “ONGOING RESPONSIBILITIES

INTERAGENCY AGREEMENTS (IAGs) ...............................................................47 

APPENDIX C 

RECORDKEEPING...................................................................................................49 

ATTACHMENT A 

INSTRUMENTS OF REDELEGATION ..................................................................53 

ATTACHMENT B 

ENDANGERMENT DETERMINATION ................................................................65 

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I. PURPOSE 

This Memorandum of Understanding (MOU) establishes funding and coordination 

mechanisms between the United States Coast Guard (USCG) and the United States 

Environmental Protection Agency (USEPA). USEPA is the fiduciary for Superfund as 

established under the Comprehensive Environmental Response, Compensation and 

Liability Act of 1980 (CERCLA) , as amended. This MOU supersedes the MOU of 

January 4, 1982, between the USCG and USEPA, and its subsequent amendments. 

II. AUTHORITY 

Section 104 of CERCLA (42 USC 9604) authorizes the President to act “ ... whenever (A) 

any hazardous substance is released or there is a substantial threat of such a release into the 

environment, or (B) there is a release or substantial threat of release into the environment 

of any pollutant or contaminant which may present an imminent and substantial danger to 

the public health or welfare....” Executive Order 12580 delegates certain authority and 

responsibility for response to the Administrator of the USEPA and the Secretary of the 

Department of Transportation (DOT). On October 9, 1981, and May 27, 1988, the USCG 

redelegated authority back to the USEPA for certain response actions at hazardous waste 

sites that require response action (see Attachment A). The USCG and the USEPA enter 

into this agreement to carry out their responsibilities under CERCLA. 

A. DEFINITIONS: 

1. “Remove or removal” as defined by section 101(23) of CERCIA, means the 

cleanup or removal of released hazardous substances from the environment; such 

actions as may be necessary taken in the event of the threat of release of hazardous 

substances into the environment; such actions as may be necessary to monitor, assess, 

and evaluate the release or threat of release of hazardous substances; the disposal of 

removed material; or the taking of such other actions as may be necessary to prevent, 

minimize, or mitigate damage to the public health or welfare or to the environment, 

which may otherwise result from a release or threat of release. The term includes, in 

addition, without being limited to, security fencing or other measures to limit access, 

provision of alternative water supplies, temporary evacuation and housing of 

threatened individuals not otherwise provided for, action taken under section 104(b) of 

CERCLA, and any emergency assistance which may be provided under the Disaster 

Relief Act of 1974. The term also includes enforcement activities related thereto. 

2. “Incident” means the same as the term “site” for accounting and cost recovery 

purposes. 

III. CERCLA COSTS 

The Hazardous Substance Superfund (Superfund) is the source of funds for CERCLA 

removal costs incurred by the USCG. These costs are identified in three major categories: 

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USCG removal actions, USCG support of USEPA removal actions, and USCG ongoing 

responsibilities. Such costs are reimbursed by the USEPA via interagency agreements 

(IAGs) between the USEPA and USCG. These IAGs are prepared in accordance with the 

procedures in Appendices (A) and (B), and the USEPA’s Interagency Agreement Policy 

and Procedures Compendium of September 1988. 

A. REMOVAL COSTS: 

USCG Federal On-Scene Coordinators (OSCs) conduct CERCLA removals. All 

incident-specific removal costs incurred by the USCG qualify as allowable costs under 

Superfund. These costs are extramural and intramural in nature. 

1. Extramural Costs 

Extramural costs are those costs incurred external to the USCG: contractor/vendor, 

other government, etc. Examples of extramural costs include, but are not limited to, 

the following: 

a. Contractor and consulting costs including lease or rental of equipment supplied 

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the removal contractor and subcontractor(s); 

b. Supplies, materials and equipment (including transportation costs) procured, 

leased or rented for the specific removal activity; and 

c. Reimbursement of allowable costs incurred by other Federal agencies (e.g., 

NOAA), or State or local governments. 

2. Intramural Costs 

Intramural costs include internal costs incurred by the USCG directly in support of 

removal activities. 

Intramural costs include: 

a. Travel and per diem for USCG military and civilian personnel; 

b. USCG military and civilian personnel costs including civilian overtime costs; 

c. Supplies used in support of a removal activity; 

d. Charges for use of USCG owned equipment and resources; 

e. Replacement or repair of USCG equipment destroyed or damaged as a result of 

a removal; and 

f. Other miscellaneous expenses. 

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B. USCG COSTS IN SUPPORT OF USEPA REMOVAL ACTIONS: 

USCG costs in support of USEPA removal actions are incident-specific costs incurred 

by USCG units in providing direct support to a USEPA OSC conducting a CERCLA 

removal action. Funding for these costs is through IAGs between each USEPA 

regional office and the USCG. In such cases, the USEPA OSC will be responsible for 

certifying USCG costs. 

C. ONGOING RESPONSIBILITIES COSTS: 

Pursuant to responsibilities under CERCLA, the USCG conducts removals and 

monitors removals by responsible parties. Ongoing responsibilities costs are generally 

non-incident-specific costs for support of the following ongoing activities required to 

create and maintain the capability to conduct and monitor removals: 

• Emergency Removal Training and Equipment 

• Enforcement 

• National Response Center Support 

• Medical Monitoring 

• Information Systems 

• Program Management 

•	 Response Readiness - National Response Team (NRT) and Regional Response 

Team (RRT) Support 

Funding for these costs is transferred annually to the USCG in an “Ongoing 

Responsibilities” IAG. The costs may be extramural or intramural. The annual IAG is 

prepared in accordance with the procedures in Appendix B. 

IV. ACCOUNTING FOR ONGOING RESPONSIBILITIES COSTS 

Superfund accounting and recordkeeping requirements apply to costs funded under the 

annual ongoing responsibilities IAG. All expenditures under the IAG are recoverable from 

responsible parties through the application of the USEPA indirect cost model and must be 

documented. Personnel levels are addressed in the approved personnel model entitled 

“Alternative Documentation for USCG Salaries Reimbursed by Superfund.” The model 

justifies the number of reimbursable Full Time Equivalents (FTEs) under the ongoing 

responsibilities IAG. It analyzes workload and calculates FTE, but does not provide a 

funding amount for personnel cost reimbursement. If the number of Superfund reimbursed 

FTEs is greater than the number justified by the model, the USEPA will be reimbursed the 

difference using average standard personnel costs. 

This model is used during the annual DOT Superfund audit process to show how the USCG 

Superfund activities translate into USCG billets reimbursed by Superfund. The model was 

jointly developed and approved by the USEPA and USCG, and it can be revised upon the 

concurrence of both agencies. 

Appendix A 

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V. INCIDENT CASE FILE 

The lead agency OSC (USCG or USEPA) shall maintain a case file for each incident. The 

case file includes the administrative record as defined in the National Contingency Plan 

(NCP) and contains information for determining liability and pursuing cost recovery. For 

each USCG CERCLA removal or support action for a USEPA CERCLA removal, the case 

file will contain documentation of all resources used and financial transactions associated 

with the incident, per Appendix A, and the following: 

A. FINDING OF IMMINENT AND SUBSTANTIAL ENDANGERMENT: 

For incidents with total estimated project costs less than $250,000, the USCG will 

document the finding of imminent and substantial endangerment (endangerment 

determination) in the case file. This documentation will provide sufficient information 

describing the need for the CERCLA removal action including the threat or potential 

threat posed by the situation, hazardous substances present (if known) and the selected 

removal action. Attachment B is provided as a sample format for documenting this 

finding. The USCG OSC may elect to use either this endangerment determination 

format or to document the endangerment determination through another format (e.g., 

within a pollution report - POLREP). The endangerment determination should be 

made and documented before removal actions take place, circumstances permitting, or 

as early as possible after emergency removal actions begin. 

B. ACTION MEMORANDUM: 

For incidents with total estimated project costs equal to or greater than $250,000, the 

USCG will submit an approved action memorandum, which includes an endangerment 

determination, to the Director, Emergency Response Division (ERD), USEPA prior to 

obligating funds in excess of $250,000 (see “Superfund Removal Procedures, Action 

Memorandum Guidance,” USEPA Publication Number: EPA/540/P-90/004, OSWER 

Directive 9360.3-01, December 1990). 

For incidents with total estimated project costs equal to or greater than $250,000 and 

requiring an amendment to increase the funding authorized in the IAG, the USCG will 

submit a draft action memorandum to the Director, ERD, USEPA for review and 

timely comment, and coordination with the IAG amendment. When a USCG OSC 

needs to act immediately, ERD, USEPA may extend an oral commitment of funding. 

Oral commitments will be confirmed in writing. 

In all cases, the action memorandum must describe the threat and the rationale for 

choosing a particular remedy - including the technical basis for the decision. 

VI. QUALITY ASSURANCE 

The USCG will comply with its internal Quality Assurance (QA)/chain of custody policies 

and procedures, published in USCG Commandant Instructions, in responding to releases 

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of hazardous substances, pollutants and contaminants. Commandant Instructions 

M16465.29 and M16465.30 specifically address responses under CERCLA. The Marine 

Safety Manual, Commandant Instruction M16000 series, includes policy for pollution 

removal activities. These instructions address the conduct of operations, personnel 

protection associated with operations, decision making, and identification and disposal of 

recovered pollutants, and documentation. 

The USCG utilizes commercial laboratories to identify substances in pollution incidents. 

To assure that the information from these laboratories is reliable, the USCG will utilize all 

available information, including USEPA performance data, to evaluate candidate 

laboratories. 

For non-time-critical removals, the USCG will assure that the quality of physical, chemical, 

and biological data developed in the assessment and operational phases of a removal is 

addressed per the NCP and will be addressed as needed in removal contracts. 

USEPA agrees to provide clause(s), or other language suitable for use in contractual 

statements of work, as requested, to assist the USCG in the preparation of these contracts. 

VII. MODIFICATION AND TERMINATION 

Either the USCG or the USEPA may propose changes to this MOU. Both agencies must 

approve a change before it becomes effective. Either party may terminate the MOU by

giving a thirty (30) day written notice. Adding or changing appendices or attachments to 

this MOU does not constitute modification of the overall MOU. 

Such additions or changes may be made by agreement of officials responsible for the 

specific subject area in the USEPA and USCG. The officials making any such change will 

immediately bring the change to the attention of the signers of this MOU, or their

successors, and then publish the change so as to inform all users of the MOU. 

VIII. PERIOD OF AGREEMENT 

This MOU shall continue in effect until terminated, or modified or amended. This MOU 

shall become effective on the date of the last signature below. 

Appendix A 

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IX. SIGNATURES 

__________________________________ __________________________________ 

Elliott P. Laws James C. Card

Assistant Administrator Rear Admiral, U.S. Coast Guard 

Office of Solid Waste and Emergency Chief, Office of Marine Safety, Security

Response and Environmental Protection 

U.S. Environmental Protection Agency 

DATE: _____________ DATE: _____________

__________________________________ __________________________________ 

Harvey G. Pippen Jr. Daniel F. Sheehan 

Director Director 

Office of Grants and Debarment National Pollution Funds Center 

U.S. Environmental Protection Agency

DATE: _____________ DATE: _____________ 

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APPENDIX A 

PROCEDURES FOR MULTI-INCIDENT REMOVAL 

INTERAGENCY AGREEMENTS (IAGS) 

The following procedures apply to IAGs funding CERCLA removals conducted by USCG 

OSCs: 

1. ORIGINATION PHASE 

Incidents can occur any day of the year, and the USCG must have funding to respond 

on the first day of the fiscal year. The following procedures are structured with the 

objective of providing funding without fiscal year transition interruption. If experience 

indicates a need for change, the procedures should be modified to meet the objective. 

In the absence of a current fiscal year budget, the USCG may incur incident-specific 

removal costs, pursuant to CERCLA, Executive Order 12580, and the NCP. In such 

cases, the USEPA will certify those costs as necessary and appropriate to the IAG 

project and in the government’s best interests. 

A. The ERD, USEPA HQ, in cooperation with the National Pollution Funds Center 

(NPFC), USCG HQ, will develop the next fiscal year‘s cost estimate, budget, scope 

of work and special condition information for the IAG by August 31of each fiscal 

year. 

B. The ERD will prepare the IAG funding package three (3) original IAGS, a decision 

Memorandum and a commitment notice] and forward it to the Assistant 

Administrator, Office of Solid Waste and Emergency Response (AA, OSWER) or 

designee for review and signature. 

C. When approved, the IAG funding package will be forwarded to the Grants 

Administration Division (GAD), USEPA for legal and administrative review and 

USEPA Action Official signature. 

D. Following USEPA Action Official signature, GAD transmits two complete IAGs to 

the NPFC, USCG. GAD keeps the third as back-up. 

E. The NPFC, USCG official shall review the IAG and, if acceptable, sign the two 

originals, retain one signed original and return the other to GAD. 

F. GAD shall retain the signed original and transmit one copy to the Cincinnati 

Financial Management Center (CFMC) , USEPA for obligation and one copy to the 

ERD, USEPA. 

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2. EXECUTION PHASE 

A. NOTIFICATION: 

Within 24 hours following initiation of a CERCLA removal, the NPFC, USCG will 

provide to the ERD, USEPA information (endangerment determination, POLREP 

or action memorandum) on the incident and a cost estimate. In return, ERD will 

provide to NPFC a USEPA Site/Spill Identification (SSID) number to link the 

USCG and USEPA records, tracking and financial systems. 

B. INCIDENT CASE FILE: 

The lead agency OSC (USCG or USEPA) will maintain each incident’s case file. 

For each USCG CERCIA removal or support action for an USEPA CERCLA 

removal, the case file contains documentation of all resources used and financial 

transactions associated with the incident. 

C. POLLUTION REPORTS: 

The USCG shall provide copies of pollution reports (POLREPS) to the Director, 

ERD, USEPA to provide CERCLA removal and fund obligation data. The initial 

POLREP shall be provided within 72 hours of initiating CERCLA removal. 

Progress POLREPs should be provided on a routine basis. 

No later than 2 weeks after completion of each incident removal, the USCG shall 

forward a final POLREP to the ERD for inclusion in the USEPA’s incident case 

file. 

D. EQUIPMENT: 

1. Purchase of equipment to support a removal will be recorded in the IAG and 

the cost documentation records in the case file. 

2. Replacement of items in the National Strike Force (NSF) inventory will be 

subject to the NSF CERCLA inventory controls. 

3. Replacement of USCG equipment or assets is an agency reimbursement, not 

an equipment purchase for purposes of CERCLA recordkeeping. 

4. All equipment purchase records and the equipment will be available for 

audit. 

E. BILLING: 

The USCG will submit a bill to: 

USEPA Cincinnati Financial Management Center 

ATTN: Financial Management Officer

26 West Martin Luther King Drive 

Cincinnati, OH 45268 

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Each bill shall cite: 1) the number of the IAG providing the funding and 2) an 

incident-specific breakdown of charges. Within 30 days of the billing, NPFC will 

provide the ERD Project Officer and CFMC additional accounting system reports 

detailing the costs on the bill by individual incidents using USEPA assigned SSID 

numbers. CFMC will forward the bill to the USEPA Project Officer for review and 

approval. Inadequately supported bills will not be paid, or in the case of OPACs 

will be charged back. 

F. USEPA REVIEW: 

The USEPA Project Officer will review the billing documents and the other 

supporting accounting system reports for reasonableness and will approve the 

payment or, if questions arise, contact NPFC for clarification. 

G. PRIOR NOTIFICATION OF COSTS: 

The USCG will notify the USEPA Project officer before it incurs costs in excess of 

80% of total budget amount for any IAG or in anticipation of undertaking a high 

cost removal action. In such cases, upon the approval of the USEPA Project 

Officer, the USCG and the USEPA will develop an amendment to the IAG for 

increased funding. 

H. REPORTING REQUIREMENTS: 

1. The USCG will submit quarterly progress reports to the USEPA Project 

Officer showing obligations in each budget category, balance remaining, 

summary of activities and property inventory. Reports will be cumulative 

and the fourth quarterly report of the year will be the final report for the year. 

2. The USCG will maintain a list of funded incidents showing open/closed 

status (i.e., whether further obligations will occur) and will send it to the 

USEPA Project Officer with the quarterly progress reports. 

3. A detailed cost report for each incident will be provided to the USEPA 

Project Officer with each quarterly report. Each incident-specific cost report 

will detail costs by the elements which constitute the budget categories 

appearing on Item 22, EPA IAG Form (1610-1) and all items of equipment 

purchased outside standard inventory costing over $1,000. 

I. ADMIRALTY LAW CASES: 

When a USCG OSC leads a CERCLA response involving certain time-sensitive 

litigation such as an injunction, a vessel arrest or an action by a vessel owner to 

limit liability, the USCG may be asked to provide the best available information 

directly to the Department of Justice (DOJ), and it may be appropriate to do so. 

DOJ often must respond within strict time limits set by the court, which may be 

before the cost documentation records normally are ready to be forwarded to the 

USEPA. The USCG agrees to cooperate in such matters, and also will immediately 

notify the USEPA. 

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3. CLOSE-OUT PHASE 

A. NOTIFICATION OF COMPLETION: 

When the USCG has completed removal work on all incidents funded under the 

IAG for a fiscal year, NPFC will submit, within 60 days, the fourth quarter progress 

report. That report will serve as a final report to the USEPA Project Officer and 

include: 

1. A list of incidents funded, showing the USEPA SSID number and total cost for 

each incident. 

2. A summary of expenditures by budget category showing the balance of funds 

remaining. 

3. A property inventory for non-expendable items costing over $1,000 each. 

B. OSC REPORTS: 

When an OSC report is prepared pursuant to the NCP, 40 CFR 300.165 

(OSC reports), the USCG will submit a copy of the OSC report to the USEPA 

Project Officer for inclusion in the incident case file. 

C. CLOSE-OUT: 

Upon receipt of the final report the USEPA Project Officer will initiate close-out 

procedures. 

D. PROPERTY DISPOSITION: 

The USCG will consult the USEPA prior to disposition of property acquired under 

the IAG to assure that the disposition method properly reflects the interests of 

Superfund. 

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APPENDIX B 

PROCEDURES FOR “ONGOING RESPONSIBILITIES 

INTERAGENCY AGREEMENTS (IAGs) 

The following procedures are for IAGs to reimburse costs incurred by the USCG for 

support, training and maintenance of its removal capabilities: 

1. ORIGINATION PHASE 

A. The ERD, USEPA HQ, in cooperation with the NPFC, USCG HQ, develops the 

next fiscal year cost estimate, budget, scope of work and special condition 

information for the IAG by August 31 of each fiscal year. 

B. The ERD shall prepare the IAG funding package [three (3) original IAGs, a 

decision memorandum and a commitment notice] and forward it to the AA, 

OSWER or designee for review and signature. 

C. When approved, the IAG funding package will be forwarded to the GAD, 

USEPA for legal and administrative review and USEPA Action Official signature. 

D. Following USEPA Action Official signature, GAD transmits two IAG forms to the 

NPFC, USCG. GAD keeps the third copy as back-up. 

E. The NPFC, USCG official shall review and, if acceptable, sign the two original 

IAGs, retain one signed original and return the other to GAD, USEPA. 

F. GAD shall retain the signed original and transmit one copy to the CFMC, USEPA 

for obligation and one copy to the ERD. 

2. EXECUTION PHASE 

A. BILLING: 

To receive reimbursement for costs incurred under the IAG, the USCG shall 

submit a bill to: 

USEPA Cincinnati Financial Management Center 

ATTN: Financial Management Officer 

26 West Martin Luther King Drive 

Cincinnati, OH 45268 

CFMC will forward the bill to the USEPA Project Officer for review and approval. 

Inadequately supported bills will not be paid, or in the case of OPACs will be 

charged back. 

Each bill shall contain the IAG number. 

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The USEPA Project Officer will review the bill for reasonableness and will 

approve the payment or, if questions arise, contact NPFC for clarification. 

B. REPORTING REQUIREMENTS: 

The USCG will provide the USEPA Project Officer with the ongoing 

responsibilities project workplan by December 31 of each year. The workplan will 

include: 

•	 distribution of reimbursed FTEs by organizational location (specific field 

office or division in Headquarters); 

•	 identification of organizational elements with CERCLA responsibilities and 

eligibility for funding under this agreement. Categorize each organization’s 

function under one or more of the following: 

• Emergency Removal Training and Equipment 

• Enforcement 

• National Response Center Support 

• Medical Monitoring 

• Information Systems 

• Program Management 

• Response Readiness - NRT and RRT Support 

1. The USCG will submit quarterly progress reports to the USEPA Project 

Officer showing obligations in each budget category, balance remaining, 

summary of activities and property inventory. Reports will be cumulative 

and the fourth quarterly report of the year will be the final report for the 

year. 

2. The USEPA Project Officer will file the workplan and the quarterly progress 

reports in the ERD IAG file. 

3. CLOSE-OUT PHASE: 

A. When the USCG has completed work on all activities funded under that IAG, 

NPFC will submit, within 60 days, the fourth quarter progress report. That will 

serve as a final report to the USEPA Project Officer and include: 

1. Summary of activities; 

2. Property inventory for non-expendable items costing over $1000 each; 

3. Summary of expenditures by budget category and balance of funds 

remaining. 

Appendix A A-48 
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B. Upon receipt of the final report, the USEPA Project Officer will initiate close-out 

procedures. 

C. The USCG will consult the USEPA prior to disposition of property acquired under 

this agreement to assure that the disposition method properly reflects the interests 

of Superfund. 

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APPENDIX C 

RECORDKEEPING 

Under CERCLA, the Federal government is authorized to recover removal costs from 

responsible parties, including investigatory, cleanup, enforcement and administrative costs. 

The USEPA intends to recover all such costs. The USCG has established the NPFC which, 

among other functions, administers USCG use of CERCLA funds. 

The USCG will follow the Superfund financial management and recordkeeping guidelines 

contained in the USEPA’s “Superfund Financial Management and Recordkeeping Guidance 

for Federal Agencies” (January 1989), unless specifically addressed in this MOU or an IAG. 

Consistent with this, the USCG will create a case file for each incident funded under a 

multi-incident IAG. The case file will contain a complete set of cost records. The USCG 

also will create files for cost records for transactions under the ongoing responsibilities 

IAGs. 

1. COST RECOVERY DOCUMENTATION 

The USCG records for Superfund activities will meet the following criteria needed for 

cost recovery: 

A. CONSISTENT FILING PROTOCOL: 

The USCG will maintain consistent records showing uses of Superfund. The 

USCG will use its own filing protocols. 

B. TIMELY RESPONSE TO COST RECOVERY DOCUMENTATION REQUESTS: 

The USCG will provide these records to the USEPA upon request within 30 days, 

unless otherwise agreed. 

C. RECORDS RETAINED: 

The USCG will retain the following cost documentation: 

1. Direct Costs 

Standard Personnel Costs (Including Fringe Benefits) 

Travel 

Extramural (e.g., contractor) 

Materials and Supplies 

Equipment 

Construction 

2. Indirect Costs 

3. Interagency Agreement Documents 

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D. RECONCILIATION: 

Periodically the USCG will reconcile cost documentation with data produced by its 

accounting system. 

E. PERSONNEL COST REIMBURSEMENT MODEL: 

The USCG does not employ a universal timecard system that reflects CERCLA 

activities. To provide detailed and accurate records of personnel costs reimbursed 

under the ongoing responsibilities IAG, the USCG will periodically generate data 

using the “Alternative Documentation for USCG Salaries Reimbursed by 

Superfund” model. If the model justifies fewer than the number of existing 

CERCLA billets, the USCG will reimburse Superfund for the unsupported number 

of billets, using the average personnel cost of all the reimbursed billets. The USCG 

will report the models’ computation results in the fourth quarterly progress report. 

If the model documents more FTEs than the number of existing CERCLA 

reimbursed billets, reimbursement will not exceed the total amount agreed in the 

current annual ongoing responsibilities IAG. Increased funding to support 

additional FTEs in subsequent fiscal years may occur in the annual budget process. 

F. STORAGE MEDIA & RECORD SAFETY: 

USCG records will be located in the offices where they are used or other areas as 

secure as possible from fire, water and other damage. Similar provision will be 

made for safe long-term storage of inactive documentation. 

G. IMAGED DOCUMENTS: 

Use of imaged documents for cost documentation, billing, and all audit resolution is 

acceptable under the following conditions: 

1. The imaging system is used in the normal course of business. 

2. The USCG can certify the accuracy of the system. 

H. RECORD RETENTION: 

The USCG or its contractors will retain all cost documentation on-site or at a 

Federal Records Center for a minimum of ten years after submission of a final IAG 

payment request. If legal action regarding an incident is initiated within the ten 

year period, records will be retained until the conclusion of legal action. In 

addition, the USCG will obtain written permission from the USEPA IAG Action 

Official prior to disposing of any Superfund cost records. Lack of response from 

the USEPA IAG Action Official within 30 days will constitute approval. 

I. AUDITS: 

CERCLA requires the Inspector General of each Agency using Superfund to conduct an 

annual audit of all transactions by that Agency involving the Superfund. USCG cost 

documentation will be available for audit or verification upon request of the DOT 

Inspector General. If, based on an audit by the DOT Inspector General, the USCG 

Appendix A A-51 
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determines that any direct or indirect costs charged to Superfund are unallowable, the 

USCG will immediately notify the USEPA and promptly reimburse Superfund. 

2. IAG RECORDS 

The USCG financial and program management offices will maintain records for the 

multi-incident and ongoing responsibilities IAGs. Those records will include, when 

applicable: 

A. FINANCIAL RECORDS: 

• IAG forms executed by both agencies. 

• Invoices and payment records. 

• Closeout documentation, if different from above. 

B. PROGRAM RECORDS: 

• Record of discussions and contacts and the resulting decisions. 

• IAG forms executed by both agencies. 

• Endangerment Determinations 

• Action Memoranda 

• POLREPs 

• Invoices and payment records. 

• Closeout documentation, if different from above. 

Appendix A A-52 
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ATTACHMENT A

INSTRUMENTS OF REDELEGATION

Appendix A A-53
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Appendix A A-54
THE SECRETARY OF TRANSPORTATION 

WASHINGTON, D.C. 20590 

OCT 2 1981 

The Honorable Anne M. Gorsuch 

Administrator

U. S. Environmental Protection Agency

401 “M” Street, S.W.

Washington, D. C. 20460 

Dear Mrs. Gorsuch: 

Our respective staffs have worked out the attached redelegation instrument for certain functions 

contained in the “Comprehensive Environmental Response, Compensation and Liability Act of 

1980, P.L. 96-510” and Executive Order 12316, “Responses to Environmental Damage”. The 

redelegating instrument is drafted consistent with Section 8 (f) of the Executive Order which 

authorizes redelegations of functions, with the consent of the head of the agency to which the 

functions are redelegated. 

I am confident that the redelegation agreement properly assigns authority and responsibility

consistent with the structure and delegations which you envision for the revised “National Oil 

and Hazardous Substances Pollution Contingency Plan”. I request that you countersign and 

return the enclosed redelegation instrument, thereby indicating your consent to the redelegation. 

Sincerely, 

1 Enclosure 

Appendix A A-55 
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Appendix A A-56
INSTRUMENT OF REDELEGATION 

In accordance with Section 8 (f) of Executive Order 12316 of August 14, 1981, the Secretary of 

the Department in which the Coast Guard is operating hereby redelegates to the Administrator, 

Environmental Protection Agency, subject to the Administrator’s consent, all functions specified 

in Sections 2 (d), 2 (f), 2 (g), 3 (a), and 4 (b) of that Executive Order with the exception of the 

following: 

a. Functions related to responses to releases or threats of releases from vessels; 

b. Functions related to immediate removal action concerning releases or threats of releases 

at facilities other than active or inactive “hazardous waste management facilities” (as 

defined in 40 CFR 122.3); and 

c. Functions related to immediate removal action concerning releases or threats of releases 

at active or inactive “hazardous waste management facilities“ when the Coast Guard 

On-Scene Coordinator determines that such action must be taken pending the arrival on 

scene of an Environmental Protection Agency On-Scene Coordinator. Unless 

otherwise agreed upon by EPA and Coast Guard, this authority will not be exercised 

unless the EPA OSC is scheduled to arrive on scene within 48 hours of notification of 

the release or threat. 

For purposes of this instrument: the term “immediate removal action” includes any removal 

action which, in the view of the Coast Guard On-Scene Coordinator, must be taken immediately 

to prevent or mitigate immediate and significant harm to human life or health, to the 

environment, or to real or personal off-site property. Situations in which such action may be 

taken include, but are not limited to, fire, explosions, and other sudden releases; human, animal, 

or food chain exposure to acutely toxic substances; and the contamination of a drinking water 

supply. 

All functions described in this instrument, whether redelegated or retained, include the authority 

to contract for, obligate monies for, and otherwise arrange for and coordinate the responses 

included within such functions. 

__________________________________ ____________ 

Andrew L. Lewis, Jr. Date 

Secretary of Transportation 

I hereby consent to the redelegation as set forth in this instrument 

__________________________________ ____________ 

Anne M. Gorsuch Date 

Administrator 

Appendix A A-57 
PRESIDENTIAL DOCUMENTS 

EXECUTIVE ORDER 12316 OF AUGUST 14, 1981 

RESPONSES TO ENVIRONMENTAL DAMAGE 

By the authority vested in me as President of the United States of America by Section 115 of the 

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (94 Stat. 

2796; 42 U.S.C. 9615), it is hereby ordered as follows: 

Section 1. National Contingency Plan. 

(a) The National Contingency Plan, hereinafter referred to as the NCP and which was 

originally published pursuant 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 a 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 representatives of other 

appropriate agencies, include representatives of the following: Department of 

State, Department of Defense, Department of Justice, Department 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. 

(c) The responsibility for the amendment of the NCP and all of the other functions 

vested in the President by Section 105 of the Comprehensive Environmental 

Response. Compensation, and Liability Act of l980, hereinafter referred to as the 

Act (42 U.S.C. 9605), is delegated to the Administrator of the Environmental 

Protection Agency. 

(d) In accord with Section 111(h)(1) of the Act and Section 311(f)(5) of the Federal 

Water Pollution Control Act, as amended (33 U.S.C., 1321(f)(5)), the following 

shall be among those designated in the NCP as Federal trustees for natural 

resources: 

(1) Secretary of Defense. 

(2) Secretary of the Interior. 

(3) Secretary of Agriculture. 

(4) Secretary of Commerce. 

Appendix A A-58 
(e) Amendments to the NCP shall be coordinated with members of the national 

response team prior to publication for notice and comment. Amendments shall 

also be coordinated with 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. 

(f) All 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 and Budget. 

Section.2. Response authorities. 

(a) The functions vested in the President by the first sentence of Section 104(b) 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) (1) The functions vested in the President by Section 101(24) of the Act, to the 

extent they require a determination by the President that “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 Management Agency. 

(2) The functions vested in the President by Section 104(a) 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 delegated to the Director of the Federal Emergency 

Management Agency. 

(c) The 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 10(24) and 104 (a) and (b) of the Act are delegated to the 

Administrator of the Environmental Protection Agency, hereinafter referred to as 

the Administrator. 

(f) The functions vested in the President by Section 104 (c), (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 carry out the functions delegated to them by subsections 

(a), (b), (d), and (e) of this Section. The exercise of authority under Section 104(h) 

Appendix A A-59 
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 the Administrator of the Environmental 

Protection Agency, in order to carry out the functions delegated to them by this 

Section. 

Section 3. Abatement Action. 

(a) The functions vested in the President by Section 206(a) of the Act are delegated to 

the Coast Guard with respect to any release or threatened release involving the 

coastal zone, Great Lakes water, 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. 

Section 4. Liability. 

(a) The function vested in the President by Section 107)(c)(i)(C) of the Act is delegated 

to the Secretary of Transportation. 

(b) The Functions vested in the President by Section 107(c)() of the Act are delegated 

to the Coast Guard with respect in 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. 

(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 1(d) of this 

Order to resources under their trusteeship. 

Section 5. Financial Responsibility. 

(a) The functions vested in the President by Section 107(k)(6)(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 1(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. 

Appendix A A-60 
(c) The functions vested in the President by Section 108(b) of the Act are delegated to 

the Secretary of Transportation with respect of all transportation related facilities, 

including any pipeline, motor vehicle, rolling stock, or aircraft. 

(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. 

Section.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 111(g) 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. 

(c) Subject to subsection (b) of this Section, the functions vested in the 

President by Section 111(g) of the Act are delegated to the Administrator. 

Section 7. Management of the Hazardous Substance Response Trust Fund and Claims. 

(a) The functions vested in the President by Section 111(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 necessary 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 representatives 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 in whom funds are allocated pursuant to 

this Section, with respect to funds allocated to them, are authorized in accordance 

with Section 111(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 III. 

Appendix A A-61 
Section 8. General Provisions. 

(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 of this Order, the President’s 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 301 of the Act are delegated as 

following: 

(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 subsection (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(e) 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 

August 14, 1981. 

[FR Doc. 81-24411 

Filed 8-16-81, 1:23 pm] 

Billing code 3125-01-M 

Appendix A A-62 
INSTRUMENT OF REDELEGATION 

1. Except as provided in paragraph 2 below, in accordance with Section 11(g) of 

Executive Order 12580 of January 23, 1987, the Secretary of the Department in 

which the Coast Guard is operating hereby delegates to the Administrator, 

Environmental Protection Agency (EPA), subject to the Administrator’s consent. 

a. all functions specified in Sections 2(f) 4(c), and 5(b) of that Executive Order; 

and 

b. the functions specified in Sections 2(i), 2(j)(2), 2(k), and 6(c) of that Executive 

Order to the extent that those functions relate to the functions specified in 

Section 2(f) of that Executive Order. 

2. The functions redelegated under this Instrument of Redelegation do not include; 

a. functions related to responses to releases or threats of releases from vessels; 

b. functions related to emergency action concerning releases or threats of releases 

at facilities other than active or inactive “hazardous waste management 

facilities” (as defined in 40 CFR 270.2); and 

c. functions related to emergency action concerning releases or threats of releases 

at active or inactive “hazardous waste management facilities“ when the Coast 

Guard On-Scene Coordinator (OSC) determines that such action must be taken 

pending the arrival on scene of an EPA OSC. Unless otherwise agreed upon by 

the EPA and Coast Guard, this authority will not be exercised unless the EPA 

OSC is scheduled to arrive on scene within 48 hours of notification of the 

release or threat of release. 

3. For purposes of this Instrument, the term “emergency action”, includes any removal 

action which, in the view of the Coast Guard OSC, must be taken immediately to 

prevent or mitigate immediate and significant danger to the public health, welfare or 

the environment. Situations in which such actions may be taken include, but are not 

limited to, fire, explosions, and other sudden releases; human, animal, or food chain 

exposure to acutely toxic substance, and the contamination of a drinking water 

supply. 

Appendix A A-63 
4. All functions described in this document, whether redelegated or retained, include the 

authority to contract for, obligate monies for, and otherwise arrange for and coordinate 

the responses included within such functions. 

__________________________________________ 

(Acting) Date 

Secretary of Transportation 

I hereby consent to the redelegation as set forth in this instrument. 

__________________________________________ 

Date 

Administrator, Environmental Protection Agency 

Appendix A A-64 
ATTACHMENT B

ENDANGERMENT DETERMINATION

Appendix A 

CERCLA (CG and EPA) 

A-65
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Appendix A 

CERCLA (CG and EPA) 

A-66
FINDING OF IMMINENT AND SUBSTANTIAL ENDANGERMENT

AT THE

SUPERFUND INCIDENT

Because of the factors outlined below, I have determined that a threat exists to the public health 

or welfare or the environment at the ____________________________ Superfund incident. An 

imminent and substantial endangerment to the public health or welfare or the environment exists 

because of an actual or threatened release of a hazardous substance at or from the incident. 

1. SUPERFUND INCIDENT INFORMATION 

Incident Name: ___________________________________________________________ 

Incident Number: __________________________________________________________ 

Incident Location: _________________________________________________________ 

(County, and State) 

USCG Contractor: _________________________________________________________ 

Potentially Responsible Party: _______________________________________________ 

Access: _______ Restricted _______ Unrestricted 

NPL Status: ______________________________________________________________ 

Removal Start Date: ________________________________________________________ 

2. THREAT TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT 

A. Chronological Background _____________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________

(e.g., when incident initially identified and by whom, number of drums, etc.) 

Appendix A A-67 

CERCLA (CG and EPA) 
B. Hazardous Substances Present __________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

(if known, otherwise indicate “suspected hazardous substance”) 

C. Nature of Actual or Threatened Release of Hazardous Substance at or from the 

Incident ____________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

(e.g., drum of unknown materials washed ashore, leaking drum, unknown material 

released into a stream resulting in a fish kill, level of security provided to minimize threat, 

etc.) 

Check applicable factors (from Section 300.415 of the National Contingency Plan NCP) 

which were considered in determining the appropriateness of a removal action: 

_____ 300.415(b) (2) (i) Actual or potential exposure sure to nearby human 

populations, animals, or the food chain from hazardous substances or 

pollutants or contaminants. 

_____ 300.415(b) (2) (ii) Actual or potential contamination of drinking water 

supplies or sensitive ecosystems. 

_____ 300.415(b) (2) (iii) Hazardous substances or pollutants or contaminants in 

drums, barrels, tanks, or other bulk storage containers, that pose a threat of 

release. 

_____ 300.415(b) (2) (iv) High levels of hazardous substances or pollutants or 

contaminants in soils largely at or near the surface, that may migrate. 

_____ 300.415(b) (2) (v) Weather conditions that may cause hazardous substances or 

pollutants or contaminants to migrate or be released. 

_____ 300.415(b) (2) (vi) Threat of fire or explosion. 

_____ 300.415(b) (2) (vii) The availability of other appropriate Federal or State 

response mechanisms to respond to the release. 

_____ Other situations or factors that may pose threats to public health or welfare or 

the environment. 

Appendix A A-68 

CERCLA (CG and EPA) 
3. SELECTED REMOVAL ACTION (briefly describe removal; e.g., disposal of drums, 

neutralization of corrosive, conduct of analysis to determine hazardous substances 

present, security provided to eliminate threat, etc.) 

This finding of imminent and substantial endangerment has been entered in the incident’s 

administrative record. 

_____________________________ 

(Signature) 

( typed name _________) 

( title___ _________) 

Appendix A 

CERCLA (CG and EPA) 

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Appendix A 

CERCLA (CG and EPA) 

A-70