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2024	Back to Top
PFAS Enforcement Discretion and Settlement Policy Under CERCLA - (4/19/24) Memorandum provides direction about how the EPA will exercise its enforcement discretion under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in matters involving per- and polyfluoroalkyl substances (PFAS). https://www.epa.gov/enforcement/pfas-enforcement-discretion-and-settlement-policy-under-cercla (PDF 375 kb)
2024 Revised Penalty Matrix for CERCLA § 106(b)(1) Civil Penalty Policy - (2/7/24) 2024 updated penalty matrix for the CERCLA Section 106(b)(1) penalty policy. Supplements the 2009 revised penalty matrix. https://www.epa.gov/enforcement/guidance-penalty-matrix-cercla-section-106b1-civil-penalty-policy (PDF 234 kb)
2023	Back to Top
Incorporating Sustainability Principles in Cleanup Enforcement Actions Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act - (9/29/23) Memorandum reinforces EPA’s positions on sustainability by encouraging cleanup enforcement staff to collaborate with their program office counterparts to incorporate applicable principles in CERCLA and RCRA cleanup enforcement work and includes a compendium of case examples and a resource library. https://www.epa.gov/enforcement/incorporating-sustainability-principles-cercla-and-rcra-cleanup-enforcement-actions (PDF 315 kb)
Update to 2019 “Remedial Design/Remedial Action: Process for Expediting Negotiations and PRP Cleanup Starts” – 300-Day Meeting Requirement - (6/15/23) Memorandum updates the “2019 Remedial Design/Remedial Action: Process for Expediting Negotiations and PRP Cleanup Starts” memorandum to address consultation requirements for Regions with EPA Headquarters regarding remedial design/remedial action (RD/RA) negotiation timelines. https://www.epa.gov/enforcement/update-2019-rdra-process-expediting-negotiations-and-prp-cleanup-starts (PDF 236 k kb)
2022	Back to Top
Issuance of the 2022 Model Administrative Settlement Agreement for Removal Action - (9/29/22) Transmittal memorandum attaching a revised and streamlined administrative settlement agreement and order on consent for negotiating removal actions with potentially responsible parties at Superfund sites. https://www.epa.gov/enforcement/2022-removal-action-model-asaoc (PDF)
Issuance of 2022 Comprehensive Environmental Response, Compensation, and Liability Act Model Remedial Investigation/Feasibility Study Administrative Settlement and Order on Consent and Statement of Work - (9/19/22) Memorandum transmits the revised CERCLA Model RI/FS ASAOC and accompanying, newly-developed CERCLA RI/FS SOW for negotiating with PRPs for performance of RI/FS work at a Superfund site. https://www.epa.gov/enforcement/2022-cercla-rifs-asaoc-and-sow-model-documents (PDF 1,400 kb)
The Revitalization Handbook: Addressing Liability Concerns at Contaminated Properties (2022 Edition) - (8/11/22) The 2022 edition of The Revitalization Handbook summarizes the federal statutory provisions and EPA policy and guidance documents that address the potential liability concerns of parties involved in the cleanup and revitalization of contaminated sites. https://www.epa.gov/enforcement/revitalization-handbook (PDF 3,400 kb)
Issuance of the 2022 Model Administrative Settlement Agreement for Removal Action by Prospective Purchaser - (8/10/22) Memorandum announcing the revised model administrative settlement agreement for removal action by prospective purchaser for negotiating settlements when a prospective purchaser agrees to perform a removal action under CERCLA. https://www.epa.gov/enforcement/2022-cercla-ppa-removal-action-model-document (PDF 1,327 kb)
2021	Back to Top
Transmittal of New and Updated Model Comfort/Status Letters - (9/30/21) Memorandum transmits three new and two updated model comfort status letters to assist Regions when responding to interested parties who may want to acquire impacted properties. https://www.epa.gov/enforcement/comfortstatus-letters-guidance (PDF 1530 kb)
Issuance of 2021 Comprehensive Environmental Response, Compensation, and Liability Act Model Remedial Design/Remedial Action Consent Decree and Statement of Work - (8/31/21) Transmittal memorandum announcing issuance of the 2021 model remedial design/remedial action (RD/RA) consent decree and model RD/RA statement of work (SOW) documents along with an overview of the changes from the previous version of the model RD/RA CD to the the 2021 model document. https://www.epa.gov/enforcement/2021-cercla-rdra-cd-and-sow-model-documents (PDF 1,451 kb)
Affirmation of the EPA’s Policy of Enforcement First for Remedial Investigation/Feasibility Studies (RI/FS) at Superfund Sites - (4/30/21) Memorandum provides clarification to address circumstances when the EPA Regions should consult with the Office of Site Remediation Enforcement (OSRE) prior to committing Fund dollars to pay for a remedial investigation/feasibility study (RI/FS) project expected to exceed $2 million. https://www.epa.gov/enforcement/affirming-epa-enforcement-first-policy-rifs-superfund-sites (PDF 314 kb)
2020	Back to Top
Issuance of Revised EPA Model Unilateral Administrative Order Directing Compliance with Request for Access - (9/30/20) Memorandum transmits the revised Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Model Unilateral Administrative Order Directing Compliance With Request For Access (“Model Access UAO”). https://www.epa.gov/enforcement/issuance-2020-model-access-uao (PDF 178 kb)
Requesting Select Special Account Financial Transactions and Notifying Headquarters - (9/8/20) Memorandum updates the process Regions should use to request specified special account transactions. Memo supersedes Section V.C. of the 8/5/2019 updated consolidated special accounts guidance. https://semspub.epa.gov/work/HQ/100002556.pdf (PDF 100 kb)
Determining and Tracking Substantial Noncompliance with Superfund Enforcement Instruments in the Superfund Enterprise Management System - (6/29/20) Memorandum that describes how to categorize CERCLA enforcement instruments by SNC status and describes a process for tracking SNC in SEMS. https://www.epa.gov/enforcement/determining-and-tracking-substantial-noncompliance-superfund-enforcement-instruments (PDF 446 kb)
Superfund Liability Protection for Local Government Acquisitions after the Brownfields Utilization, Investment, and Local Development Act of 2018 - (6/15/20) Guidance provides an overview of CERCLA's liability framework and protections and the EPA's enforcement discretion policies that may apply to local governments. https://www.epa.gov/enforcement/guidance-superfund-liability-protections-local-government-acquisitions (PDF 448 kb)
Superfund Community Involvement Handbook 2020 - (3/1/20) Provides guidance to EPA staff on how EPA typically plans and implements community involvement activities at Superfund sites. Chapter 5 of the handbook addresses community involvement during Superfund enforcement activities. 2020 version updates 2016 handbook to update broken links, but no other content was changed. Additional information is available on the Superfund Community Involvement Tools and Resources website at https://www.epa.gov/superfund/superfund-community-involvement-tools-and-resources. https://semspub.epa.gov/work/HQ/100002505.pdf (PDF 3500 kb)
Use of the "Look-First" Approach in Comprehensive Environmental Response, Compensation, and Liability Act Settlement Agreements Involving Third Parties - (1/16/20) Memorandum on the potential use of "look-first" provisions in settlement agreements with third parties under CERCLA. https://www.epa.gov/enforcement/use-look-first-approach-superfund-settlement-agreements-involving-third-parties (PDF 352 kb)
2019	Back to Top
Environmental Protection Agency and State Cooperative Efforts at Superfund Sites - (8/23/19) Memorandum summarizes some of the way the U.S. Environmental Protection Agency (EPA) and the states engage in joint work planning and ways in which the EPA coordinates with the states for implementing certain response actions. https://www.epa.gov/enforcement/epa-and-state-cooperative-efforts-and-responsibilities-superfund-sites (PDF 377 kb)
Transmittal of the 2019 Policy on the Issuance of Superfund Comfort/Status Letters - (8/21/19) Memorandum transmitting Superfund comfort/status letter policy for parties interested in reusing and/or redeveloping contaminated, potentially contaminated, and formerly contaminated property (“impacted properties”). https://www.epa.gov/enforcement/comfortstatus-letters-guidance (PDF 647 kb)
Updated Consolidated Guidance on the Establishment, Management, and Use of CERCLA Special Accounts - (8/5/19) Memorandum highlights some of the key aspects of EPA special account guidance documents, and provides additional guidance on several issues. Memorandum highlights some of the key aspects of EPA special account guidance documents, and provides additional guidance on several issues. Section V.C. superseded by 9/8/2020 memorandum on notification to HQ on special account financial transactions. https://semspub.epa.gov/work/HQ/100002182.pdf (PDF 1331 kb)
Transmittal of Model Memorandum of Understanding Regarding the Oversight and Enforcement of Remaining Response Actions Under State Law at Post-Enforcement Superfund Sites - (8/1/19) Transmittal memorandum and model Memorandum of Understanding (MOU) addressing the “transfer” from EPA to a state or tribe, for oversight and enforcement of remaining response actions under state law, of a post-enforcement, non-NPL Superfund site. https://www.epa.gov/enforcement/oversight-and-enforcement-remaining-response-actions-under-state-law-memorandum (PDF 514 kb)
Enforcement Discretion Guidance Regarding Statutory Criteria for Those Who Qualify as a CERCLA Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners - (7/29/19) 2019 Common Elements Guidance for EPA staff on the "common elements" of the CERCLA landowner liability protections for BFPPs, CPOs, ILOs, and to assist them in exercising their enforcement discretion, which may provide general information to landowners or other third-party stakeholders who may wish to be involved with impacted properties. https://www.epa.gov/enforcement/common-elements-guidance (PDF 548 kb)
Summary of Finding: Examine Opportunities to Achieve Protection Cleanup at NPL-Caliber Sites Without Listing on the NPL - (7/1/19) Report provides a summary of the Superfund Task Force Recommendation 13 workgroup review other federal, state and tribal approaches that may be used in lieu of listing a site on the NPL, and it evaluated the status of a sample of NPL-caliber sites using non-NPL approaches. https://www.epa.gov/enforcement/summary-findings-examine-opportunities-achieve-protective-cleanup-npl-caliber-sites
Superfund Task Force Recommendation 16: Provide Reduced Oversight Incentives to Cooperative, High Performing Potentially Responsible Parties - (7/1/19) Summary of Superfund Task Force Recommendation 16 workgroup conclusions and recommendations on how EPA can restructure the cleanup process and reduce oversight for cooperative PRPs. https://www.epa.gov/enforcement/summary-findings-reduced-oversight-incentives-cooperative-high-performing-prps (PDF 325 kb)
2019 Remedial Design/Remedial Action: Process for Expediting Negotiations and PRP Cleanup Starts - (6/20/19) Memorandum encourages Regions to plan for and promptly obtain PRP commitments to initiate cleanup actions following remedy selection https://www.epa.gov/enforcement/guidance-rdra-process-expediting-negotiations-and-prp-cleanup-starts (PDF 680 kb)
Superfund Special Accounts Management Strategy for 2019-2021 - (5/9/19) 2019- 2021 Agency updated strategy for ensuring that special accounts are successfully used nationwide to support cleanup at Superfund sites. https://semspub.epa.gov/src/document/HQ/100002037 (PDF 1004 kb)
2018	Back to Top
Superfund Task Force Recommendation 20 : Workgroup Findings and Recommendations - (11/7/18) Memorandum provides the Superfund Task Force (SFTF) Recommendation 20 workgroup's findings and recommendations on opportunities to engage independent third parties to oversee certain aspects of potentially responsible party (PRP) lead cleanups at Superfund sites. https://www.epa.gov/enforcement/sftf-report-recommendation-20-findings-third-party-oversight-aspects-prp-lead-cleanups
Advanced Monitoring Technologies and Approaches to Support Long-Term Stewardship - (7/20/18) Memorandum provides information about the potential uses of specific advanced monitoring technologies and approaches for monitoring and maintaining institutional controls and engineering controls at sites and facilities addressed under federal and state cleanup authorities. https://www.epa.gov/enforcement/use-advanced-monitoring-technologies-and-approaches-support-long-term-stewardship (PDF 312 kb)
Bifurcating Remedial Design and Remedial Action to Accelerate Remedial Design Starts at PRP-Lead Superfund Sites - (6/21/18) Memorandum to the Regions regarding Recommendation 12 of the Superfund Task Force Report on a discrete strategy that Regions can use to expedite Superfund settlements and accelerate remedial design starts at PRP-lead Superfund Sites https://www.epa.gov/enforcement/bifurcating-rdra-accelerate-remedial-design-starts-prp-lead-superfund-sites
Agreement with Third-Parties to Support the Cleanup and Reuse at Sites on the Superfund National Priorities List - (4/17/18) Memorandum encourages Regions to consider more frequent use of site-specific agreements with third parties at sites on the Superfund National Priorities List. https://www.epa.gov/enforcement/third-party-agreements-support-cleanup-and-reuse-superfund-npl-sites (PDF 1201 kb)
Guidance on Disbursement of Funds from EPA Special Accounts to Entities Performing CERCLA Response Actions - (3/27/18) Memorandum provides guidance to EPA's Regional offices on disbursing funds from special accounts established pursuant to CERCLA, to entities who will be performing CERCLA response actions at a site. (Opens in Chrome or Edge) https://semspub.epa.gov/work/HQ/100001089.pdf (PDF 883 k kb)
2017	Back to Top
CWA/CERCLA Site Specific Sample Memorandum of Understanding - (11/21/17) The sample memorandum of understanding (MOU) was created to provide a template to facilitiate collaboration among EPA, states, and federally-recognized Indian tribes, as well as other federal agencies. Given that roles and responsibilities under the Clean Water Act (CWA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) often are shared by these different entities, the close collaboration can be crucial when addressing contaminated sediments and their associated waters. https://www.epa.gov/enforcement/cwacercla-site-specific-sample-memorandum-understanding (PDF 536 kb)
PRP Search Manual - 2017 Edition - (9/29/17) "PRP Search Manual" provides guidance on how to search for potentially responsible parties (PRPs) that may be liable for cleanup at a Superfund site. The Manual describes the PRP search planning process, and discusses the baseline tasks and follow-up tasks recommended for assuring effective PRP searches. Webpage includes links to complete document and individual chapters and appendices. https://www.epa.gov/enforcement/prp-search-manual (PDF 7300 kb)
Small Business Resources Information Sheet - (7/1/17) Document provides an array of resources, including workshops, training sessions, hotlines, websites and guides, to help small businesses understand and comply with federal and state environmental laws. EPA's policy and practice is to include the information sheet to every small business at the time EPA has initial enforcement contact with a small business, including Superfund general and special notice letters and cost recovery demand letters. https://www.epa.gov/compliance/small-business-resources-information-sheet
2016	Back to Top
Update to 2010 Revised Guidance on Compiling Administrative Records and Q&A on NCP - (11/14/16) Updates portions of the "Revised Guidance on Compiling Administrative Records for CERCLA Response Actions" (2010 Administrative Records Guidance) to ensure consistency with the 2013 NCP Amendment, and provides (in Attachment 1) recommended answers to questions that have arisen since the 2013 NCP Amendment and the launch of the SEMS-Pub application. http://semspub.epa.gov/src/document/11/197872 (PDF 2,002 kb)
Issuance of Revised Model Consent Order and New Model Unilateral Order for Remedial Investigation/Feasibility Study and Updated Financial Assurance and Insurance Language for All CERCLA Response Action Settlements and Unilateral Administrat - (9/29/16) Memorandum transmitting the revised RI/FS ASAOC and the new RI/FS UAO along with information on updated language incorporated into other model documents related to financial assurance and insurance. The 2016 model RI/FS ASAOC is superseded by the 2022 model RI/FS ASAOC. https://www.epa.gov/enforcement/guidance-2016-rifs-asaoc-and-uao (PDF 96 kb)
Issuance of Revised Model Administrative Settlement Agreement and Order on Consent for Remedial Design and New Remedial Design Statement of Work - (9/29/16) Transmittal memorandum announcing the issuance of the revised Remedial Design (RD) model administrative settlement agreement and order on consent (ASAOC) and the RD state of work (SOW) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). https://www.epa.gov/enforcement/2016-remedial-design-asaoc-and-sow-models (PDF 749 kb)
Consideration of Greener Cleanup Activities in the Superfund Cleanup Process - (8/2/16) Jointly issued memorandum recommends approaches for "greener cleanup activities" when evaluating remedial and removal activities and other activities designed to reduce or mitigate potential environmental impacts when implementing response actions under CERCLA. http://semspub.epa.gov/src/document/11/100000160 (PDF 3,595 kb)
Action Items for Improving and Maintaining Financial Assurance Data for CERCLA - (8/1/16) Memorandum to the Regions regarding improvements to tracking financial assurance data under CERCLA. https://semspub.epa.gov/work/HQ/100000155.pdf (PDF 551 kb)
Superfund Special Accounts Management Strategy for 2016 - 2018 - (4/11/16) Updated FY 2016 - 2018 management strategy for Superfund special accounts to ensure that special accounts are used successfully nationwide to support cleanup at contaminated sites. http://semspub.epa.gov/src/document/11/196706
2015	Back to Top
Minor Updates to Property Requirements and other Provisions of the 2014 CERCLA Model Remedial Design/Remedial Action Consent Decree - (9/30/15) Memorandum specifies the updates made to Section VIII (Property Requirements) and other minor modifications to the September 29, 2014 version of the model Remedial Design/Remedial Action Consent Decree (RD/RA) under CERCLA https://www.epa.gov/enforcement/memorandum-updates-model-cercla-rdra-cd-property-requirements-and-other-provisions (PDF 1,000 kb)
Issuance of Revised Model Administrative Settlement Agreement and Order on Consent and Unilateral Administrative Order for for Removal Actions - (9/30/15) Memorandum transmits two revised model language documents for removal actions under CERCLA. https://www.epa.gov/enforcement/guidance-issuance-2015-removal-uao-and-asaoc-models
Issuance of Revised Model Remedial Design/Remedial Action Unilateral Administrative Order and New Statement of Work - (9/30/15) Transmittal memorandum announcing the issuance of the revised model RD/RA Unilateral Administrative Order (UAO) and the new model RD/RA UAO Statement of Work (SOW). The transmittal memorandum also announces updates to the RD/RA Consent Decree (CD) SOW, originally issued on 9/29/14, to conform to the new UAO SOW. https://www.epa.gov/enforcement/guidance-2015-cercla-rdra-uao-and-sow
Checklist of Information to Include for Consultation on Time-Critical Removal Actions by the Office of Site Remediation Enforcement - (7/8/15) Memorandum and checklist to expedite consultation on time-critical removal actions. https://www.epa.gov/enforcement/checklist-consultation-time-critical-removal-actions
Guidance on Evaluating a Violator's Ability to Pay a Civil Penalty in an Administrative Enforcement Action - (6/29/15) Memorandum to regions providing guidance on the process case teams should follow in evaluating ability to pay (ATP) claims and an overview of the Agency's tools to assist in ATP evaluations. https://www.epa.gov/enforcement/guidance-evaluating-ability-pay-civil-penalty-administrative-enforcement-actions
CERCLA Financial Assurance Sample Documents-Settlements - (4/6/15) Access to six sample CERCLA financial assurance documents for use in connection with settlement agreements: (1) trust agreement, (2) guarantee agreement, (3) financial test sample letters, (4) payment bond, (5) performance bond, and (6) letter of credit, are available in Word format from the Cleanup Enforcement Model Language and Sample Documents Database. Select the financial assurance-settlements link within the database to access each of the sample documents. https://cfpub.epa.gov/compliance/models/
CERCLA Financial Assurance Sample Documents-Orders - (4/6/15) Access to six sample CERCLA financial assurance documents for use in connection with unilateral administrative orders: (1) trust agreement, (2) guarantee agreement, (3) financial test sample letters, (4) payment bond, (5) performance bond, and (6) letter of credit, are available in Word format from the Cleanup Enforcement Model Language and Sample Documents Database. Select the financial assurance-orders link within the database to access each of the sample documents. https://cfpub.epa.gov/compliance/models/
Guidance on Financial Assurance in Superfund Settlement Agreements and Unilateral Administrative Orders - (4/6/15) Memorandum transmits guidance, model language, and sample documents that address financial assurance requirements in Superfund cleanup settlement agreements and unilateral administrative orders. https://www.epa.gov/enforcement/guidance-financial-assurance-superfund-settlements-and-orders (PDF 498 kb)
Promoting Water, Superfund and Enforcement Collaboration on Contaminated Sediments - (2/12/15) Memorandum from the Assistant Administrators for Water, Enforcement, and Solid Waste and Emergency Response, encourages improvements in communication, coordination, and collaboration among the three program offices when addressing contaminated sediments. http://semspub.epa.gov/src/document/11/720523 (PDF 1098 kb)
2014	Back to Top
CERCLA Notice/Demand Sample Letters - (12/23/14) CERCLA notice/demand sample letter documents available in Word format are available from the Cleanup Enforcement Model Language and Sample Documents Database. Select the notice/demand letters link within the database to access each of the sample documents. https://cfpub.epa.gov/compliance/models/
Transmittal of Model Geospatial Data and Electronic Submission of Deliverables Language for Inclusion in CERCLA Statements of Work - (9/29/14) Transmittal memorandum and model geospatial data language for inclusion in CERCLA statement of work (SOW) documents. https://www.epa.gov/enforcement/guidance-model-geospatial-data-language-use-cercla-sows (PDF 2 MB kb)
Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models - (9/26/14) Transmittal memorandum revises, for purposes of all EPA settlement models issued under CERCLA, certain language included in the March 16, 2009 “ARC Memo” and announces issuance of 13 revised CERCLA judicial and administrative settlement models and two documents containing ability to pay inserts for the de minimis contributor models. https://www.epa.gov/enforcement/guidance-revisions-2009-arc-memo-and-issuance-cercla-payment-models (PDF 382 kb)
Liability Reference Guide for Siting Renewable Energy on Contaminated Properties - (7/1/14) Reference document provides answers to renewable energy developers' common questions associated with liability and potentially contaminated property. https://www.epa.gov/enforcement/guidance-liability-reference-guide-siting-renewable-energy-contaminated-property (PDF)
2013	Back to Top
Implementing Institutional Controls in Indian Country - (11/6/13) Handbook answers questions that EPA regional staff may have on the process of implementing institutional controls (ICs) in Indian country as part of a cleanup project https://www.epa.gov/enforcement/handbook-implementing-institutional-controls-indian-country (PDF 110 kb)
Superfund Special Accounts Management Strategy for 2013 - 2015 - (3/15/13) Updated FY 2013 - 2015 management strategy for Superfund special accounts to ensure that special accounts are used successfully nationwide to support cleanup at contaminated sites. http://semspub.epa.gov/src/document/11/175868 (PDF 5,226 kb)
Timing and Procedures for Review of Certain Time-Critical Removal Actions by EPA Headquarters Offices - (2/26/13) Memorandum addresses circumstances when regional offices should consult with EPA HQ regarding time critical removal actions. https://www.epa.gov/enforcement/guidance-hq-review-certain-time-critical-removal-actions-timing-and-procedures (PDF 205 kb)
2012	Back to Top
Use of CERCLA Section 122(b)(3) Special Accounts at RCRA Corrective Action Sites - (12/20/12) Memorandum providing direction to the Regions on the scope of EPA's ability to retain and use funds in special accounts for the oversight of RCRA cleanups. https://www.epa.gov/enforcement/guidance-use-superfund-special-accounts-rcra-corrective-action-sites (PDF 280 kb)
Clean Water Act § 402 National Pollutant Discharge Elimination System (NPDES) Permit Requirements for - (12/12/12) Memorandum describes two clarifications, one under CERCLA and one under the CWA to provide clarification regarding permit obligations for Good Samaritans. https://www.epa.gov/npdes/2012-good-samaritan-memorandum (PDF 1.71 kb)
Questions and Answers: Clean Water Act § 402 National Pollutant Discharge Elimination System (NPDES) Permit Requirements for “Good Samaritans” at Orphan Mine Sites: December 12, 2012 - (12/12/12) Questions and Answers for the Clean Water Act § 402 National Pollutant Discharge Elimination System (NPDES) Permit Requirements for “Good Samaritans” at Orphan Mine Sites issued December 2012 https://www.epa.gov/npdes/2012-good-samaritan-memorandum (PDF 24 kb)
Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites - (12/4/12) Guidance for site managers, attorneys and other interested parties for planning, implementing, maintaining and enforcing (PIME) institutional controls for Superfund, brownfields, UST, RCRA, and federal facility cleanups. https://semspub.epa.gov/src/document/HQ/175446 (PDF 451 kb)
Institutional Controls: A Guide to Preparing Institutional Control Implementation and Assurance Plans at Contaminated Sites - (12/4/12) Guidance to the EPA Regions for developing Institutional Control Implementation and Assurance Plans (ICIAPs) at contaminated sites where the response action includes an institutional controls (ICs) component. An ICIAP is a document designed to systematically: (a) establish and document the activities associated with implementing and ensuring the long-term stewardship of ICs: and (b) specify the persons and/or organizations that will be responsible for conducting these activities. https://semspub.epa.gov/src/document/HQ/175449 (PDF 159 kb)
Transmittal of Updated Superfund Response and Settlement Approach for Sites Using the Superfund Alternative Approach (SAA Guidance) - (9/28/12) Transmittal memorandum and updated guidance on the selection of and settlements using the Superfund Alternative Approach to ensure consistency between the NPL sites and sites with SAA agreements. OSWER Directive No. 9200.2-125 https://www.epa.gov/enforcement/transmittal-memo-updated-superfund-response-and-settlement-approach-sites-using (PDF 401 kb)
Effective Utilization of Superfund Special Accounts - (4/22/12) Joint memorandum outlining the steps taken to improve the management and use of Superfund special accounts. http://semspub.epa.gov/src/document/HQ/175865 (PDF 2.69 kb)
Promoting Enforcement First for Remedial Investigation / Feasibility Studies at Superfund Sites - (3/20/12) Memorandum reaffirms EPA's commitment to having potentially responsible parties conduct RI/FS at Superfund sites whenever appropriate. https://www.epa.gov/enforcement/guidance-promoting-enforcement-first-rifs-superfund-sites (PDF 385 kb)
Revised Guidance on Procedures for Submission and Review of CERCLA Section 106(b) Reimbursement Petitions - (2/23/12) Guidance describes the contents of reimbursement petitions and theprocedures that EPA uses in adjudicating reimbursement petitions. http://yosemite.epa.gov/oa/EAB_Web_Docket.nsf/8f612ee7fc725edd852570760071cb8e/cb29b85f99cbdc0885257afd0054d517/$FILE/CERCLA%20Guidance%2002-23-12%20FINAL.pdf (PDF 56 kb)
Final Implementation of the National Strategy to Manage Post Construction Completion Activities at Superfund Sites - (2/16/12) Summarizes the results of the Post-Construction Completion (PCC) Strategy, which was implemented from 2005 to 2011. EPA closed out the PCC Strategy with this final report since the elements of the PCC Strategy have become EPA’s way of doing business for the Superfund program. http://semspub.epa.gov/src/document/HQ/174124
2011	Back to Top
Enforcement Discretion Guidance Regarding the Affiliation Language of CERCLA's Bona Fide Prospective Purchaser and Contiguous Property Owner Liability Protections - (9/21/11) Memorandum assists EPA personnel in, on site-specific basis, exercising the Agency's enforcement discretion regarding the affiliation language contained in the Superfund statute. https://www.epa.gov/enforcement/guidance-affiliation-language-cerclas-bfpp-and-cpo-liability-protections (PDF 180 kb)
Enforcement First for Removal Actions - (8/4/11) Memorandum addresses enforcement first policy for removal actions. https://www.epa.gov/enforcement/guidance-enforcement-first-removal-actions (PDF 251 kb)
Options for Responding to Deficient Deliverables from PRPs - (6/30/11) Memorandum transmitting sample letters for Regions to use when addressing deficient deliverables with potentially responsible parties. https://www.epa.gov/enforcement/guidance-options-responding-deficient-deliverables-prps (PDF 386 kb)
Transmittal of Preliminary Potentially Responsible Party Search Completion Measure Definition for Incorporation into the Superfund Program Implementation Manual for FY2012 - (6/23/11) Guidance to regions on documenting preliminary PRP search completion activities https://www.epa.gov/enforcement/guidance-preliminary-prp-search-completion-measure-definition-and-superfund-program (PDF 338 kb)
PRP Search Documentation Summary Requirements for Decision Documents to Not Pursue Cost Recovery Where Unaddressed past Costs are Greater Than $200,000 - (3/8/11) Guidance establishing standard and mandatory PRP search documentation requirements in decision documents. https://www.epa.gov/enforcement/guidance-documenting-prp-search-decision-documents-and-unaddressed-cost-recoveries (PDF 353 kb)
2010	Back to Top
Guidance on the Planning and Use of Special Account Funds - (9/28/10) guidance addresses the appropriate uses of settlement resources that are deposited in special accounts for future use. OSWER Directive 9275.1-20. https://www.epa.gov/enforcement/guidance-planning-and-use-superfund-special-account-funds (PDF 552 kb)
Revised Guidance on Compiling Administrative Records for CERCLA Response Actions - (9/20/10) Memorandum sets forth the policy and procedures for compiling and maintaining administrative records in connection with Superfund response actions. https://www.epa.gov/enforcement/guidance-compiling-administrative-records-superfund-response-actions (PDF 748 kb)
EPA's Continued Efforts to Enhance CERCLA Cost Recovery - (7/2/10) Memorandum highlights important cost recovery practices and encourages Regions to reevaluate their Superfund cost recovery programs. https://www.epa.gov/enforcement/guidance-efforts-enhance-cercla-cost-recovery (PDF 267 kb)
Clarification of CERCLA Entry Policy - (3/3/10) Memorandum provides Regional Counsel with a clarification to EPA 1987 access policy regarding the savings provision in section 104(e)(6) of Superfund. https://www.epa.gov/enforcement/guidance-clarification-superfund-entry-policy (PDF 165 kb)
2009	Back to Top
Model CERCLA Section 107(q)(3) Contiguous Property Owner Assurance Letter - (11/9/09) Model contiguous property owner assurance letter to be used in accordance with January 2004 interim guidance regarding contiguous property owners. Includes transmittal memorandum. https://www.epa.gov/enforcement/model-contiguous-property-owner-assurance-letter (PDF 20 kb)
Interim Guidance: Providing Communities with Opportunities for Independent Technical Assistance in Superfund Settlements - (9/3/09) Transmittal memorandum and six attachments provide guidance on Technical Assistance Plan (TAP) provisions in Superfund settlements. Six Attachments include: model TAP language for AOCs for RI/FS and CDs for RD/RA using Superfund Alternative Approach; Sample language for TAP language in settlement SOW; FAQs about TAPs; Sample application by community group for TAP; Sample langague for PRP TAP; and Sample directive by Community Group for specific tasks by Technical Advisor https://www.epa.gov/enforcement/interim-guidance-opportunities-independent-technical-assistance-superfund-settlements (PDF 375 kb)
Revised Penalty Matrix for CERCLA Section 106(b)(1) Civil Penalty Policy - (7/17/09) 2009 updated matrix for the CERCLA section 106(b)(1) penalty policy. Supplements the 4/20/2005 revised penalty matrix. Updated in 2016. https://www.epa.gov/enforcement/guidance-penalty-matrix-cercla-section-106b1-civil-penalty-policy (PDF 28 kb)
Interim Revisions to CERCLA Judicial and Administrative Settlement Models to Clarify Contribution Rights and Protection from Claims Following the Aviall and Atlantic Research Corporation Decisions - (3/16/09) Memorandum issuing interim revisions to the judicial and administrative settlement models issued under CERCLA to clarify certain contribution rights and protection from claims and certain other language following Supreme Court's decisions. https://www.epa.gov/enforcement/model-interim-revisions-superfund-settlement-models-clarify-contribution-rights-and (PDF 84 kb)
Revised Guidance on Reclassification on Superfund Special Accounts - (1/23/09) Memorandum provides revised guidance on reclassification of special accounts. Supersedes portions of prior Agency documents related to the reclassification of special accounts. Transmittal memorandum contains four attachments, including model language for regional notice to HQ on plans to reclassify funds. Portion of this memorandum superseded in 2011. https://www.epa.gov/enforcement/guidance-reclassification-superfund-special-accounts-revised-guidance (PDF 191 kb)
2008	Back to Top
Model Notice Approving Reduction in Settlement Amount Based on Inability to Pay - (4/30/08) Model notice letter regarding approving reduction in settlement amount based on inability to pay. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=427 (PDF 48 kb)
Model Notice Denying Reduction in Settlement Amount Based on Inability to Pay - (4/30/08) Model notice letter regarding denying reduction in settlement amount based on inability to pay. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=428 (PDF 43 kb)
Model Notice of Eligibility to Receive a De Minimis Party Settlement - (4/30/08) Model notice letter regarding eligibility to receive a de minimis party settlement. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=632 (PDF 46 kb)
Sample General Notice Letter for a Site at which the Superfund Alternative Approach may be Used - (4/30/08) Sample model general notice letter for use at a site that may use the Superfund alternative approach. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=652 (PDF 57 kb)
Sample General Notice Letter - (4/30/08) Sample model general notice letter to potentially responsible parties. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=394 (PDF 51 kb)
Interim Revisions to CERCLA Notice Letters and Update of Superfund and Small Waste Contributors Brochure to Notify Potential Settlors about Atlantic Research Corporation Decision - (4/30/08) Transmittal memorandum and six model documents and a brochure regarding contribution claims afforded by de minimis settlements after the Supreme Court's decision in Atlantice Research Corporation. https://www.epa.gov/enforcement/guidance-update-superfund-notice-letters-and-small-waste-contributors-brochure-based-arc (PDF 252 kb)
Windfall Lien Administrative Procedures: Frequent Questions - (4/16/08) Freqently asked questions related to the January 2008 Windfall Lien Administrative Procedures Guidance. https://www.epa.gov/enforcement/fact-sheet-frequent-questions-regarding-cercla-section-107r-windfall-liens (PDF 57 kb)
Model Notice of Intent to File a Windfall Lien Letter - (1/8/08) Model notice of intent to file a windfall lien letter (attachment to Windfall lien administrative procedures memorandum). https://www.epa.gov/enforcement/model-notice-intent-file-windfall-lien-letter (PDF 89 kb)
Windfall Lien Administrative Procedures - (1/8/08) Transmittal memorandum and attachments addressing implementation of section 107(r) of Superfund, the windfall lien provision on property acquired by a bona fide prospective purchaser. https://www.epa.gov/enforcement/guidance-windfall-lien-administrative-procedures-107r-lien-and-model-letter-providing (PDF 921 kb)
2007	Back to Top
CERCLA Lender Liability Exemption: Updated Questions and Answer - (7/1/07) Updated fact sheet highlights the main rules and EPA policy governing CERCLA environmental liability for secured creditors (lenders) for the cleanup of contaminated property. https://www.epa.gov/enforcement/fact-sheet-updated-questions-and-answers-cercla-lender-liability-exemption (PDF 62 kb)
Good Samaritan Administrative Tools - Fact Sheet - (6/6/07) Fact Sheet on the interim administrative tools for the Good Samaritan Initiative. https://www.epa.gov/enforcement/fact-sheet-good-samaritan-administrative-tools
Interim Guiding Principles for Good Samaritan Projects at Orphan Mine Sites and Transmittal of CERCLA Administrative Tools for Good Samaritans - (6/6/07) Memorandum intended to assist the Regions in the implementation of the Good Samaritan Initiative and focuses on administrative tools developed under CERCLA. https://www.epa.gov/enforcement/interim-guidance-cercla-administrative-tools-good-samaritans-orphan-mine-sites (PDF 160 kb)
Model Good Samaritan Comfort/Status Letter - (6/6/07) Model language for good samaritan initiative comfort/status letter is available from the Cleanup Enforcement Model Language and Sample Documents Database. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=736 (PDF 16 kb)
Model Good Samaritan Settlement Agreement and Order on Consent for Removal Actions at Orphan Mine Sites - (6/6/07) Model language for good samaritan settlement agreement and order on consent for removal actions at orphan mine sites. https://www.epa.gov/enforcement/interim-guidance-cercla-administrative-tools-good-samaritans-orphan-mine-sites (PDF 88 kb)
Superfund Oversight Guidance - (1/24/07) Transmittal memorandum for two guidance documents addressing Superfund oversight: site specific conditions and prepayment of oversight and site specific accounts. https://www.epa.gov/enforcement/guidance-superfund-oversight-policies (PDF 503 kb)
2006	Back to Top
Additional Guidance on Prepayment of Oversight Costs and Special Accounts - (12/22/06) Memorandum provides additional guidance on the prepayment of oversight costs discussed in the October 4, 2002 "Consolidated Guidance on the Establishment, Management and Use of CERCLA Special Accounts" ("Consolidated Guidance"). Attaches sample settlement language for the prepayment of oversight costs. https://www.epa.gov/enforcement/guidance-prepayment-oversight-costs-and-special-accounts (PDF 116 kb)
Using RCRA's Results-Based Approaches and Tailored Oversight Guidance when Performing Superfund Oversight - (12/22/06) Memorandum providing additional information in support of Superfund's administrative reform on PRP oversight. Superfund program managers should consider RCRA's Results-Based Guidance when developing oversight plans with PRPs. https://www.epa.gov/enforcement/guidance-using-rcras-results-based-approaches-and-tailored-oversight-guidance-when (PDF 368 kb)
Brownfield Sites and Supplemental Environmental Projects (SEPs) - (11/30/06) Fact sheet providing questions and answers on the complementary role of supplemental environmental projects (SEPs) at brownfield sites. This document supersedes the 1998 document on Brownfields and SEPs. https://www.epa.gov/enforcement/fact-sheet-brownfield-sites-and-supplemental-environmental-projects (PDF 78 kb)
CERCLA Model Agreement and Order on Consent for Removal Action by Bona Fide Prospective Purchaser - (11/27/06) CERCLA Model Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser (BFPP). https://www.epa.gov/enforcement/guidance-model-bfpp-agreement-removal-action (PDF 201 kb)
Issuance of CERCLA Model Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser - (11/27/06) Transmittal memorandum and CERCLA model agreement and order on consent for removal action by a bona fide prospective purchaser (BFPP). https://www.epa.gov/enforcement/guidance-model-bfpp-agreement-removal-action (PDF 242 kb)
Enforcement First to Ensure Effective Institutional Controls at Superfund Sites - (3/17/06) Memorandum on enforcement first policy and application to any actions needed to ensure the implementation and effectiveness of institutional controls. https://www.epa.gov/enforcement/guidance-enforcement-first-policy-superfund-institutional-controls (PDF 51 kb)
2005	Back to Top
Institutional Controls Bibliography: Institutional Controls, Remedy Selection, and Post-Construction Completion Guidance and Policy - (12/1/05) Reference document, providing citations and brief synopses for policy guidelines concerning the use of institutional controls. https://semspub.epa.gov/src/document/HQ/175442 (PDF 108 kb)
U.S. Corps of Engineers (COE) Letters to California, Texas, and Illinios Regarding Munitions on Closed Ranges - (10/21/05) Restatement of EPA's position that DOD has an obligation at closed ranges to cleanup munitions pursuant to state and federal statutory environmental cleanup authorities and that DOD's https://www.epa.gov/enforcement/munitions-closed-military-range (PDF 49 kb)
National Strategy to Manage Post Construction Completion Activities at Superfund Sites - (10/12/05) The Post Construction Completion National Strategy assures that CERCLA remedies continue to protect human health and the environment over the long term. Final report issued 2/16/2012. http://semspub.epa.gov/src/document/HQ/174761 (PDF 240 kb)
Enforcement First at Superfund Sites: Negotiation and Enforcement Strategies for Remedial Investigation/Feasibility Studies (RI/FS) - (8/9/05) Memorandum confirms EPA's commitment for PRPs to conduct RI/FS wherever appropriate and encourages Regions to conduct early and thorough PRP searches. https://www.epa.gov/enforcement/guidance-enforcement-first-superfund-sites-negotiation-and-enforcement-strategies-rifs (PDF 62 kb)
Evaluation of Superfund Alternative Sites Approach - (4/1/05) Memorandum outlining the goals and phases of the SAS guidance evaluation process. https://www.epa.gov/enforcement/guidance-evaluation-superfund-alternative-sites-approach (PDF 28 kb)
Institutional Controls: A Citizen's Guide to Understanding Institutional Controls at Superfund, Brownfields, Federal Facilities, Underground Storage Tanks, and Resource Conservation and Recovery Act Cleanups - (2/1/05) Fact Sheet provides community members with general information about the role of institutional controls (ICs) in Superfund, Brownfields, Federal Facilities, Underground Storage Tanks (UST) and Resource Conservation and Recovery Act (RCRA) cleanups occurring in their neighborhoods. https://semspub.epa.gov/src/document/HQ/175444 (PDF 98 kb)
2004	Back to Top
Model Application/Information Request for the Service Station Dealer Exemption under Section 114(c) of CERCLA - (11/8/04) Transmittal memorandum and model language document application/information request for service station dealers exemption under CERCLA https://www.epa.gov/enforcement/model-applicationinformation-request-service-station-dealer-exemption-under-cercla (PDF 55 kb)
Strategy to Ensure Institutional Control Implementation at Superfund Sites - (10/7/04) Five year plan for implementation of instititutional controls at Superfund sites. https://www.epa.gov/enforcement/guidance-ensuring-implementation-institutional-controls-superfund-sites (PDF 115 kb)
Transmittal of Guidance on Issuing CERCLA Section 104(e)(2) Information Requests to Federal Agencies at Privately-owned Superfund Sites - (6/14/04) Guidance on information requests to federal agencies at privately-owned superfund sites. Attachment A contains the list of federal PRP points of contacts dated October 2003. https://www.epa.gov/enforcement/guidance-issuing-superfund-104e2-information-requests-federal-agencies-privately-owned (PDF 126 kb)
Model Notice of Ineligibility to Receive a De Minimis Party Settlement - (5/17/04) Attachment C to Interim Guidance on the Ability to Pay and De Minimis Revisions to CERCLA 122(g) by the 2002 Brownfields Amendments http://www2.epa.gov/enforcement/model-notice-ineligibility-receive-de-minimis-party-settlement (PDF 24 kb)
Interim Guidance on the Ability to Pay and De Minimis Revisions to CERCLA Section 122g by the Small Business Liability Relief and Brownfields Revitalization Act - (5/17/04) Guidance document and four model notice documents on ability to pay and de minimis revisions to CERCLA 122(g) under the 2002 Brownfields Amendments https://www.epa.gov/enforcement/guidance-ability-pay-and-de-minimis-revisions-cercla-section-122g (PDF 150 kb)
Transmittal of Institutional Controls: Third-Party Beneficiary Rights in Proprietary Controls - (4/19/04) Transmittal memorandum and document address information on designating third-party beneficiaries in proprietary institutional controls https://www.epa.gov/enforcement/guidance-third-party-beneficiary-rights-proprietary-institutional-controls (PDF 123 kb)
Sample Demand Letter - (3/29/04) Sample model letter - demand for reimbursement of costs expended at a Superfund site available to download in Word from cleanup enforcement models database. http://cfpub.epa.gov/compliance/models/view.cfm?model_ID=392 (PDF 35 kb)
Fact Sheet: Superfund Ready for Reuse Determination Guidance - (2/12/04) Fact sheet to accompany Superfund ready for reuse determination guidance, OSWER Dir. 9365.0-33-FS. http://semspub.epa.gov/src/document/HQ/175568 (PDF 218 kb)
Guidance for Preparing Superfund Ready for Reuse Determinations - (2/12/04) Transmittal memorandum and guidance for preparing Superfund ready for reuse determinations. OSWER Dir. 93654.0-33 https://www.epa.gov/enforcement/guidance-preparing-superfund-ready-reuse-determinations (PDF 165 kb)
Contiguous Property Owner Guidance Reference Sheet - (2/5/04) Reference sheet to accompany contiguous property owner's interm guidance addressing liability limitations. https://www.epa.gov/enforcement/interim-guidance-enforcement-discretion-regarding-contiguous-property-owners (PDF 55 kb)
Interim Enforcement Discretion Guidance Regarding Contiguous Property Owners - (1/13/04) Memo addresses interim guidance regarding liability limitation for landowners who qualify as contiguous property owners as provided for in the 2002 Brownfields Amendments to CERCLA. https://www.epa.gov/enforcement/interim-guidance-enforcement-discretion-regarding-contiguous-property-owners (PDF 88 kb)
2003	Back to Top
Guidance on the Resolution of Post-ROD Dispute - (11/25/03) Memorandum to confirm the resolution of the post- Record of Decision (ROD) Dispute as described in the October 2, 2003 letter from Raymond Dubois, Jr., Deputy Under Secretary of Defense. http://semspub.epa.gov/src/document/11/137259 (PDF 742 kb)
Interim Guidance on the Municipal Solid Waste Exemption Under CERCLA Section 107(p) - (8/20/03) This interim guidance discusses CERCLA section 107(p) and identifies some factors EPA and DOJ will consider in exercising enforcement discretion with MSW generators at NPL sites. Supplements the 12/6/1989 and 2/5/1998 municipal settlement policy documents. https://www.epa.gov/enforcement/interim-guidance-municipal-solid-waste-exemption-under-superfund (PDF 1,334 kb)
Issuance of Revised Model CERCLA Section 122(g)(4) De Minimis Contributor Consent Decree and Administrative Order on Consent and New Model Ability to Pay Provisions for Use in De Minimis Settlements (Cover Memo and All Attachments) - (8/12/03) Cover memorandum and four attachments containing model language for de minimis settlement consent decrees and/or administrative orders and ability to pay provisions in de minimis settlements for ability to pay and non-ability to pay parties. https://www.epa.gov/enforcement/issuance-revised-model-cercla-section-122g4-de-minimis-contributor-consent-decree-and (PDF 814 kb)
Windfall Lien Guidance: Frequently Asked Questions - (7/16/03) FAQs sheet containing questions and answers to the interim windfall liens guidance https://www.epa.gov/enforcement/interim-guidance-enforcement-discretion-concerning-windfall-liens-cercla-section-107r (PDF 157 kb)
Interim Enforcement Discretion Policy Concerning Windfall Liens Under Section 107(r) of CERCLA - (7/16/03) This memorandum discusses EPA and DOJ interim policy implementation of the new CERCLA 107(r) windfall lien provision contained in the 2002 Brownfields Amendments. https://www.epa.gov/enforcement/interim-guidance-enforcement-discretion-concerning-windfall-liens-cercla-section-107r (PDF 386 kb)
Policy on Listing Mixed Ownership Mine or Mill Sites Created as a Result of the General Mining Law of 1872 on the Federal Agency Hazardous Waste Compliance Docket - (6/24/03) Memorandum addresses the issue of when mixed ownership mill or mine sites created under the General Mining Law should be listed on the CERCLA 120 hazardous waste compliance docket. https://www.epa.gov/fedfac/policy-listing-mixed-ownership-mine-or-mill-sites-created-result-general-mining-law-1872 (PDF 280 kb)
Regional Determinations Regarding Which Sites Are Not 'Eligible Response Sites' under CERCLA Section 101(41)(C)(i), as added by SBLRBRA - (3/6/03) This memo provides guidance to the Regions on implementing authorities to determine whether a site should be excluded from being an "eligible response site" under Section 101(41)(C)(i), OSWER Dir. 9230.1-107, dated Mar. 6, 2003 https://www.epa.gov/enforcement/guidance-regional-determinations-regarding-eligible-response-sites (PDF 384 kb)
2002	Back to Top
Amendment to the October 2, 2001 Memorandum entitled Compromise of, and Termination of Collection Activity on, Post-Settlement and Post-Judgment Superfund Debts - (11/25/02) Memo clarifies two issue addressed in the October 2001 Compromise Memo and includes model compromise letter https://www.epa.gov/enforcement/guidance-post-settlement-and-post-judgment-superfund-debts-collection-and-termination (PDF 239 kb)
Revised Settlement Policy and Contribution Waiver Language Regarding Exempt De Micromis and Non-Exempt De Micromis Parties - (11/6/02) Memo transmits revised policy & model contribution waiver language re new Small Business Liability Relief and Brownfields Revitalization Act. Includes 5 attachments of model language. https://www.epa.gov/enforcement/guidance-settlement-policy-contribution-waiver-language-regarding-de-micromis-parties (PDF 480 kb)
Consolidated Guidance on the Establishment, Management and Use of CERCLA Special Accounts - (10/4/02) Guidance serves as a reference guide for issues involving the deposit and use of special accounts https://www.epa.gov/enforcement/guidance-establishment-management-and-use-superfund-special-accounts (PDF 195 kb)
Enforcement First for Remedial Action at Superfund Sites - (9/20/02) Request RAs to re-double their attention to ensure the continued implementation of the "enforcement first" policy at Superfund sites in their Regions. https://www.epa.gov/enforcement/guidance-enforcement-first-remedial-action-superfund-sites (PDF 115 kb)
Superfund Recycling Equity Act of 1999: Factors to Consider in a CERCLA Enforcement Case - (8/31/02) Guidance addresses some of the key factors the Agency may consider, and has been developed in the exercise of the Agency's enforcement discretion. https://www.epa.gov/enforcement/guidance-superfund-recycling-equity-act-exemption-factors (PDF 178 kb)
Superfund Accounts Receivable: Collection Actions for Delinquent Accounts - (8/20/02) This guidance supersedes the Agency's interim guidance titled Delinquent Accounts Receivable: Interim Guidance on the Referral Process and Timing for Collection of Delinquent Debts Arising under Superfund Judicial or Administrative Settlements. https://www.epa.gov/enforcement/guidance-collection-actions-delinquent-superfund-accounts (PDF 1260 kb)
Orphan Share Reform Implementation Update No. 3 - (8/8/02) Third update memorandum regarding implementation of orphan share reform https://www.epa.gov/enforcement/guidance-updates-implementation-orphan-share-reform (PDF 144 kb)
CERCLA Future Response Costs: Settlement, Billing and Collection - (6/20/02) This memorandum addresses some of the most common issues that arise with the billing and collection of future response costs. https://www.epa.gov/enforcement/guidance-cercla-future-response-costs-settlement-billing-and-collection (PDF 189 kb)
Bona Fide Prospective Purchasers and the New Amendments to CERCLA - (5/31/02) Describes when, primarily because of significant public health, EPA will consider providing a prospective purchaser with a covenant not to sue under the 2002 amendments to the Superfund statute. https://www.epa.gov/enforcement/guidance-bfpps-and-new-amendments-cercla (PDF 129 kb)
Use of CERCLA Section 114(c) Service Station Dealers Exemption - (5/31/02) Interim final policy providing a brief description of the service station dealer exemption under CERCLA for accepting used motor oil from do-it-yourselfer recyclers. https://www.epa.gov/enforcement/guidance-superfunds-service-station-dealers-exemption (PDF 997 kb)
Use of Federal Superfund Liens to Secure Response Costs - (5/28/02) Memorandum addresses the use of liens in appropriate Superfund enforcement cases pursuant to CERCLA section 107(l). https://www.epa.gov/enforcement/using-federal-superfund-liens-secure-response-costs (PDF 41 kb)
2001	Back to Top
Compromise of, and Termination of Collection Activity on, Post-Settlement and Post-Judgment of Superfund Debts - (10/2/01) Memorandum discusses legal authority to compromise and terminate collection activity on debts arising out of Superfund settlement and judgments. https://www.epa.gov/enforcement/guidance-post-settlement-and-post-judgment-superfund-debts-collection-and-termination (PDF 324 kb)
Revised Language (QA/QC) for the Model Statement of Work for RI/FS - (8/1/01) Revised QA/QC provisions for the Model Administrative Order Consent (AOC) for Remedial Investigation/Feasibility Study (RI/FS) https://www.epa.gov/enforcement/model-provisions-qaqc-language-model-statement-work-rifs (PDF 21 kb)
Orphan Share Reform Implementation Update No. 2 - (4/19/01) Second update memorandum regarding implementation of orphan share reform https://www.epa.gov/enforcement/guidance-updates-implementation-orphan-share-reform (PDF 126 kb)
Use of CERCLA 106 to Address Endangerments That May Also be Addressed Under Other Environmental Statutes - (1/18/01) This memo discusses the use of CERCLA 106 to address imminent and substantial endangerments that may also be addressed by other crose-media situations. https://www.epa.gov/enforcement/guidance-using-cercla-section-106-address-cross-media-ise-situations (PDF 1500 kb)
Support of Regional Efforts to Negotiate Prospective Purchaser Agreements (PPAs) at Superfund Sites and Clarifications of PPA Guidance - (1/10/01) Memorandum addresses settlements at Superfund sites that can be returned to productive reuse. https://www.epa.gov/enforcement/negotiating-ppas-superfund-sites-and-clarification-ppa-guidance (PDF 33kb)
Orphan Share Superfund Reform Questions and Answers - (1/1/01) Questions and answer document to orphan share superfund reforms. https://www.epa.gov/enforcement/qa-orphan-share-superfund-reform (PDF 240 kb)
2000	Back to Top
Transmittal Memorandum for Institutional Controls: A Site Managers Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups - (9/29/00) Transmittal memorandum and fact sheet intended to provide Superfund and RCRA site managers and other decision makers with an overview of the types of institutional controls that are commonly available. OSWER Dir. No. 9355.0-74FS-P. https://semspub.epa.gov/src/document/HQ/175447 (PDF 96 kb)
Model Language Relating to Orphan Share Compensation Through the Compromise of Future Oversight Costs - (9/28/00) Memo suggests model language for inclusion in future remedial design, remedial action consent decrees and removal action administrative orders that provide orphan share compensation. https://www.epa.gov/enforcement/guidance-orphan-share-compensation-through-compromise-future-oversight-costs-model (PDF 238 kb)
Transmittal of Final Report: PRP Compliance with CERCLA Obligations - (9/28/00) Summarizes the findings of efforts to assess potentially responsible party (PRP) compliance with EPA's active orders and settlement agreements for CERCLA studies, response work and cost recovery. https://www.epa.gov/enforcement/report-prp-compliance-cercla-obligations (PDF 1,110 kb)
Applicability of Policy Against No Action Assurances to CERCLA - (6/16/00) Memorandum affirms the applicability of the Agency's general policies concerning "no action" assurances to sites subject to CERCLA. https://www.epa.gov/enforcement/guidance-applicability-policy-against-no-action-assurances-cercla (PDF 23 kb)
Guidance on Exercising CERCLA Enforcement Discretion in Anticipation of Full Cost Accounting Consistent With the “Statement of Federal Financial Accounting Standards No. 4” - (6/2/00) This memorandum provides guidance to EPA personnel on how to exercise enforcement discretion as it relates to upcoming changes in EPA's indirect cost accounting methodology. https://www.federalregister.gov/articles/2000/06/02/00-13845/guidance-on-exercising-cercla-enforcement-discretion-in-anticipation-of-full-cost-accounting
Interim Guidance on Implementing the Superfund Administrative Reform on PRP Oversight - (5/17/00) This memorandum provides direction and guidance to Regions on implementation of the Superfund Reform on the Administration of Potentially Responsible Party (PRP) Oversight. http://semspub.epa.gov/src/document/HQ/175071 (PDF 105 kb)
Use of Non-Time-Critical Removal Authority in Superfund Response Actions - (2/14/00) Memo summarizes the pertinent NCP criteria and guidance to be considered in determining whether the use of remedial or removal authority is most appropriate in a given case. Oswer No. 9360.0-40P. http://semspub.epa.gov/src/document/11/129447 (PDF 311kb)
1999	Back to Top
Orphan Share Reform Implementation Update - (12/28/99) Memorandum outlines orphan share reform activities since implementation in October 1995 https://www.epa.gov/enforcement/guidance-updates-implementation-orphan-share-reform (PDF 158 kb)
Regional Trends in Remedy Changes (Final Report) - (10/7/99) Transmittal memorandum and the 8/99 final report on Regional Trends in Remedy Changes at the national and regional levels. https://www.epa.gov/enforcement/report-regional-trends-remedy-changes-final (PDF 247kb)
Final Enforcement Response Policy for Sections 304, 311, and 312 of EPCRA and Section 103 of CERCLA - (9/30/99) Final Enforcement Response Policy to assist staff in calculating proposed penalties for all civil administrative actions, and for settling actions concerning EPCRA §§ 304, 311 and 312 and CERCLA § 103(a). https://www.epa.gov/enforcement/enforcement-response-policy-epcra-sections-304-311-312-and-cercla-section-103 (PDF 245 kb)
Negotiation and Enforcement Strategies to Achieve Timely Settlement and Implementation of Remedial Design/Remedial Action at Superfund Sites - (6/17/99) Memorandum recommends strategies that can be used to encourage PRPs to enter into a settlement using the model remedial design/remedial action (RD/RA) consent decree and discusses the current model language unilateral administrative order (UAO). Also suggests practical alternatives to expedite Superfund settlements and the cleanup process. https://www.epa.gov/enforcement/guidance-strategies-achieve-timely-settlement-and-implementation-rdra-superfund-sites (PDF 50 kb)
1998	Back to Top
DOJ Letter to EPA - Agreement on Procedures to Address Consent Decree Payments by Federal PRPs to the Superfund - (12/28/98) Letter from DOJ to EPA confirming agreement on federal PRP payments to the Superfund. Previously attached to superseded 1998 revisions to RD/RA model. https://www.epa.gov/enforcement/memorandum-agreement-process-concerning-payments-federal-prps-superfund (PDF 1.64 kb)
Guidance on Administrative Response Cost Settlements under Section 122(h) of CERCLA and Administrative Cashout Settlements with Peripheral Parties under Section 122(h) of CERCLA and Attorney General Authority (Corrected Copy of 9/30/98) - (12/22/98) Cover memorandum circulating the corrected copy of Sept 30, 1998 Guidance on Administrative Response Cost Settlements under Section 122(h) of CERCLA and Administrative Cashout Settlements with Peripheral Parties under Section 122(h) of CERCLA and Attorney General Authority guidance document containing missing subsection II(C). Section III.B and Appendices A, B and C have been superseded by other documents. https://www.epa.gov/enforcement/guidance-superfund-settlements-administrative-response-cost-and-cashout-peripheral (PDF 959 kb)
Ensuring Potentially Responsible Party Compliance with CERCLA Obligations - (11/3/98) Memorandum sets out steps to ensure compliance by Potentially Responsible Parties (PRPs) with EPAs active orders and settlement agreements for CERCLA studies, response work, and cost recovery. https://www.epa.gov/enforcement/guidance-ensuring-prp-compliance-superfund-obligations (PDF 59 kb)
MOU EPA, Coast Guard, Dept. of Commerce, Dept. of the Interior, Dept. of Agriculture, Dept. of Defense, Dept. of Energy, and Dept. of Justice re: the exercise of authority under Section 106 of the CERCLA - (2/10/98) MOU regarding the exercise of authority under Section 106 of CERCLA. https://www.epa.gov/enforcement/agreement-exercise-superfund-section-106-authority-between-federal-partners (PDF 61kb)
Transmittal of Policy for Municipality and Municipal Solid Waste CERCLA Settlements at NPL Co-Disposal Sites - (2/5/98) Transmittal memorandum and policy supplementing the 9/30/89 Interim Policy on CERCLA Settlements Involving Municipalities and Municipal Wastes. 1998 MSW Policy states that EPA will continue its policy of generally not identifying generators and transporters of MSW as PRPs at NPL sites. https://www.epa.gov/enforcement/guidance-policy-municipality-and-msw-cercla-settlements-npl-co-disposal-sites (PDF 30kb)
1997	Back to Top
Guidance on EPA Participation in Bankruptcy Cases - (9/30/97) Guidance on EPA Participation in Bankruptcy Cases identifies the factors to be considered by EPA in determining whether to participate in a bankruptcy case. https://www.epa.gov/enforcement/guidance-epa-participation-bankruptcy-cases (PDF 820 kb)
Transmittal of Addendum to the Interim CERCLA Settlement Policy Issued on December 5, 1984 - (9/30/97) Transmittal memorandum and addendum to the "Interim CERCLA Settlement Policy" issued on December 5, 1984 that provides the Regions with direction for addressing potential compromises of CERCLA cost recovery claims due to the existence of a significant orphan share. https://www.epa.gov/enforcement/guidance-cercla-settlement-policy-interim (PDF 18 kb)
Issuance of the Interim Policy on Settlement of CERCLA Section 106(b)(1) Penalty Claims and Section 107(c)(3) Punitive Damages Claims for Noncompliance with Administrative Orders - (9/30/97) Transmittal memorandum and interim policy for settling CERCLA section 106(b)(1) civil penalty and section 107(c)(3) punitive damages claims for noncompliance with administrative orders (AOs). https://www.epa.gov/enforcement/interim-guidance-settling-civil-penalty-and-punitive-damage-claims-noncompliance (PDF 1317 kb)
General Policy on Superfund Ability to Pay Determinations - (9/30/97) Transmittal memorandum and policy document addressing general issues that apply to the ATP process and ATP settlements. http://www.epa.gov/enforcement/guidance-superfund-ability-pay-determinations (PDF 1618 kb)
Interim Guidance On Maximizing Insurers' Contributions To Responses At Residences Contaminated With Methyl Parathion - (8/1/97) Memorandum provides guidance on maximizing contributions from property owners' insurers related to decontamination and restoration of residences contaminated by methyl parathion. https://www.epa.gov/enforcement/guidance-maximizing-insurers-contributions-cleanup-residences-contaminated-methyl (PDF 24 kb)
CERCLA Coordination with Natural Resource Trustees - (7/31/97) Memorandum provides direction for ensuring that CERCLA requirements for coordination with Natural Resource Trustees are met. http://semspub.epa.gov/src/document/11/157963 (PDF 767 kb)
Policy on Interpreting CERCLA Provisions Addressing Lenders and Involuntary Acquisitions by Government Entities - (6/30/97) The memorandum transmits EPA's policy for interpreting CERCLA provisions that address (1) lenders and (2) government entities that acquire property involuntarily. https://www.epa.gov/enforcement/guidance-lenders-and-involuntary-acquisitions-government-entities (PDF 17 kb)
Defining Matters Addressed in CERCLA Settlements - (3/14/97) Memorandum describes the principles applied in defining "matters addressed" and the application of these principles to the most common types of CERCLA settlements. https://www.epa.gov/enforcement/guidance-defining-matters-addressed-cercla-settlements (PDF 28 kb)
1996	Back to Top
Revised Model Notice Language for Compliance with Public Participation Requirements of Section 7003(d) of RCRA - (10/30/96) Memorandum updates instructions for formatting and obtaining publication of the EPA Federal Register notices and to make minor modifications to the notices themselves from 8/16/95 superseded memorandum. https://www.epa.gov/enforcement/guidance-model-language-compliance-public-participation-requirements-under-rcra-section (PDF 79 kb)
Recently Enacted Lender and Fiduciary Liability Amendments - (10/3/96) Memorandum highlights the 1996 lender and fiduciary amendments to CERCLA contained in the Omnibus Appropriations for fiscal year 1997. https://www.epa.gov/enforcement/guidance-lender-and-fiduciary-liability-amendments-superfund-and-rcra (PDF 598 kb)
Documentation of Reason(s) for not Issuing CERCLA Section 106 UAOs to all Identified PRPs - (8/2/96) Purpose is to establish procedures that will ensure that Regional staff document their reason(s) for proposing that certain PRP be excluded from CERCLA 106 unilateral administrative orders to be issued https://www.epa.gov/enforcement/guidance-documenting-reason-not-issuing-uaos-all-identified-prps (PDF 526kb)
Transmittal of Sample Documents for Compliance Monitoring - (7/1/96) Transmittal memorandum and eleven sample documents to assist the Regions when faced with non-compliance with CERCLA UAOs, AOCs, and CDs, or RCRA documents requiring corrective action. https://www.epa.gov/enforcement/guidance-superfund-settlements-and-rcra-corrective-action-compliance-monitoring (PDF 671 kb)
Fact Sheet: Orphan Share Reform - (6/4/96) Fact Sheet: Orphan Share Reform https://www.epa.gov/enforcement/guidance-orphan-share-compensation-rdra-and-non-time-critical-removal-settlors (PDF 56 kb)
Interim Guidance on Orphan Share Compensation for Settlors of Remedial Design/Remedial Action and Non-Time-Critical Removals - (6/3/96) Memorandum provides Regions with direction for providing orphan share compensation in settlements with PRPs. https://www.epa.gov/enforcement/guidance-orphan-share-compensation-rdra-and-non-time-critical-removal-settlors (PDF 437 kb)
Revised Policy on Performance of Risk Assessments During Remedial Investigation/Feasibility Studies (RI/FS) Conducted by Potentially Responsible Parties - (1/26/96) Memorandum reaffirms the Agency's commitment to allow PRPs to conduct risk assessments under proper circumstances as part of the overal RI/FS process. OSWER Directive 9835.15c. This memorandum does not address the model documents attached to the 1991 policy document on the same matter. http://semspub.epa.gov/src/document/HQ/176093 (PDF 188 kb)
1995	Back to Top
Fact Sheet: The Effect of Superfund on Involuntary Acquisitions of Contaminated Property by Government Entities - (12/31/95) Summarizes EPA's policy on Superfund enforcement against gov't entities that involuntarily acquire contaminated property. Also describes some types of gov't. actions that EPA believes qualify for a liability exemption or a defense to Superfund liability https://www.epa.gov/enforcement/fact-sheet-effect-superfund-involuntary-acquisitions-contaminated-property-government (PDF 206 kb)
Fact Sheet: Policy Toward Owners of Property Containing Contaminated Aquifers - (11/3/95) Fact sheet summarizes EPA policy regarding toward owners of property containing contaminated aquifers. https://www.epa.gov/enforcement/guidance-owners-property-containing-contaminated-aquifers (PDF 234 kb)
Municipal Immunity from CERCLA Liability for Property Acquired through Involuntary State Action - (10/20/95) Memorandum sets forth EPA and DOJ policy regarding the government's enforcement of CERCLA against lenders and against government entities that acquire property involuntarily. https://www.epa.gov/enforcement/guidance-municipal-immunity-cercla-liability-property-acquired-through-involuntary-state (PDF 279 kb)
Answers to Comments Submitted After the Superfund ROD is Signed - (10/11/95) Memorandum addresses the Agency's responsibility for responding to comments submitted after the Superfund Record of Decision (ROD) is signed and the comment period has closed. https://www.epa.gov/enforcement/guidance-responding-comments-after-rod-signed (PDF 98 kb)
Standardizing the De Minimis Premium - (7/7/95) Guidance is intended to simplify the premium determination process and promote greater national consistency in this aspect of de minimis settlements https://www.epa.gov/enforcement/guidance-standardizing-de-minimis-premium
Transmittal of Sample Documents for More Effective Communication in CERCLA Section 104(e)(2) Information Requests - (7/5/95) Samples intended to address concerns raised by past recipients of information request letters to more effectively convey our initial information requests to recipients & encourage a more complete response from the recipients of initial information request https://www.epa.gov/enforcement/guidance-sample-documents-effective-communication-under-cercla-section-104e (PDF)
Final Policy Toward Owners of Property Containing Contaminated Aquifers - (5/24/95) Policy states the Agency position "subject to certain conditions, where hazardous substances have come to be located on or in a property solely as the result of subsurface migration in an aquifer, dated 05/24/95 https://www.epa.gov/enforcement/guidance-owners-property-containing-contaminated-aquifers (PDF 1,060 kb)
Guidance on Agreements with Prospective Purchasers of Contaminated Property - (5/24/95) This memorandum transmits the guidance and model agreement concerning prospective purchasers of contaminated Superfund property. https://www.epa.gov/enforcement/1995-model-agreements-prospective-purchasers-contaminated-property (PDF 1213kb)
Overview of Ability To Pay Guidance And Models - (5/1/95) Identifies and briefly describes documents that are relevant to Superfund ability to pay ("ATP") analyses. https://www.epa.gov/enforcement/guidance-ability-pay (PDF 451 kb)
Exploring Use of Annuities as Funding Tools for Superfund Settlements - (4/17/95) Memorandum identifies mechanisms that will facilitate settlements and examines the use of annuities. https://www.epa.gov/enforcement/guidance-exploring-annuities-funding-tools-superfund-settlements (PDF 235 kb)
Processing Requests for Use of Enforcement Discretion - (3/3/95) Memorandum discussing EPA's general policy on no action assurances. https://www.epa.gov/enforcement/guidance-processing-requests-use-enforcement-discretion (PDF 795 kb)
1994	Back to Top
Developing Allocations Among Potentially Responsible Parties for the Costs of Superfund Site Cleanups - (10/1/94) Serves to assist EPA and the parties paying these costs in examining settlement options that are fair and minimize transaction costs at Superfund sites https://www.epa.gov/enforcement/developing-allocations-among-potentially-responsible-parties-costs-superfund-site (PDF 900 kb)
Model Administrative Order for CERCLA Information Requests - (9/30/94) Transmittal memorandum and model Administrative Order for CERCLA Information Requests. https://www.epa.gov/enforcement/guidance-model-cercla-section-104e5a-administrative-order-information-collection (PDF 632 kb)
1993	Back to Top
Communications Strategy for Settlements with Small Volume Waste Contributors - (9/30/93) Memorandum outlines communication strategy and attaches model documents for assist the Regions settlements with de minimis parties. Memorandum outlines communication strategy and attaches model documents for assist the Regions settlements with de minimis parties. https://www.epa.gov/enforcement/guidance-communication-strategy-superfund-settlements-small-volume-waste-contributors (PDF 694 kb)
Off-site Rule Implementation - (9/27/93) Memorandum transmits fact sheets, brochures and the final rule regarding Procedures for Planning and Implementing Off-site Response Actions (Off-site Rule) under CERCLA § 122(d)(3). https://www.epa.gov/enforcement/guidance-site-rule-implementation (PDF 2400 kb)
Guidance on Conducting Non-Time-Critical Removals Under CERCLA - (8/6/93) Transmital memo and Guidance on the appropriate use of non-time-critical removal authority under Superfund and the development of Engineering Evaluation/Cost Analysis (EE/CA) reports and approval memos. http://semspub.epa.gov/src/document/11/122068 (PDF 2,923 kb)
Streamlined Approach for Settlements with De Minimis Waste Contributors under CERCLA Section 122 (g)(1)(A) - (7/30/93) Streamlined Approach for Settlements with De Minimis Waste Contributors under CERCLA Section 122 (g) (1)(A), OSWER No. 9834.7-1D. https://www.epa.gov/enforcement/guidance-de-minimis-waste-contributors-superfund-settlements-streamlined-approach (PDF 530kb)
Supplemental Guidance on Federal Superfund Liens - (7/29/93) Supplemental guidance on federal Superfund liens originally issued in September 1987. https://www.epa.gov/enforcement/guidance-federal-superfund-liens-supplemental-guidance (PDF 462 kb)
Revised Policy on Discretionary Information Release Under CERCLA - (3/31/93) The purpose of the revised CERCLA information release policy is to minimize potential impediments to facilitating PRP organization and coalescence. OSWER Directive 9835.12-01a. https://www.epa.gov/enforcement/guidance-discretionary-information-releases-under-superfund (PDF 168 kb)
Issuance of Interim Rule: Disclosure of Confidential Data to Authorized Representatives of the United States, and Potententially Responsible Parties - (1/8/93) Transmittal memorandum attaching the January 5, 1993 Federal Register interim final rule on disclosure of confidential data. https://www.epa.gov/enforcement/guidance-disclosing-confidential-data-authorized-us-representatives-and-prps (PDF 1190 kb)
1992	Back to Top
Methodology for Early De Minimis Waste Contributor Settlements Under CERCLA Section 122(g)(1)(A) - (6/2/92) Memorandum received concerning Methodology for early De Minimis contributer settlements under CERCLA Section 122(g)(1)(A). OSWER No. 9834.7-1c. https://www.epa.gov/enforcement/guidance-early-de-minimis-waste-contributor-settlements-methodology (PDF 1006 kb)
Accelerating Potentially Responsible Party Remedial Design Starts: Implementing the 30-Day Study - (4/2/92) Memorandum implements a recommendation of the 30-day study concerning accelerating Remedial Design starts. OSWER No. 9835.4-2b. https://www.epa.gov/enforcement/guidance-accelerating-prp-remedial-design-starts (PDF 244kb)
1991	Back to Top
Limiting Lead Transfers to Private Parties During Discrete Phases of the Remedial Process - (11/14/91) Memorandum addresses lead transfers to private parties during discrete phases of the remedial process. OSWER No. 9800.1-01. https://www.epa.gov/enforcement/guidance-limiting-lead-transfers-private-parties-during-discrete-phases-cleanup-process (PDF 17kb)
Recommendations Concerning the Use and Issuance of Administrative Subpoenas under CERCLA Section 122 - (8/30/91) Memo addresses CERCLA 122 which gives EPA authority to issue subpoenas administratively to require the attendance and testimony of witnesses and the production of documents. https://www.epa.gov/enforcement/guidance-use-and-enforcement-cercla-information-requests-and-administrative-subpoenas (PDF 179 kb)
Policy Towards Owners of Residential Property at Superfund Sites - (7/3/91) Policy addresses concerns raised by owners of residential property located on Superfund sites, and provide the Regions with a nationally consistent approach on this issue. OSWER Dir. No. 9834.6. https://www.epa.gov/enforcement/guidance-owners-residential-property-superfund-sites (PDF 466 kb)
Supplemental Guidance on Performing Risk Assessments in Remedial Investigation Feasibility Studies (RI/FSs) conducted by Potential Responsible Parties (PRPs), Oswer No. 9835.15a - (7/2/91) Memorandum and attached models provide additional guidance on implementing EPA's policy on PRP performance of the risk assessment component as part of an RI/FS. Memorandum was superseded by January 26, 1996 document. Oswer No. 9835.15a https://www.epa.gov/enforcement/guidance-prp-performance-risk-assessments-rifs (PDF 5107 kb)
Guidance on Oversight of Potentially Responsible Party Remedial Investigations and Feasibility Studies - Final, Volume 1 - (7/1/91) Volume 1 addresses oversight of remedial investigations and feasibility studies (RI/FS) conducted by potentially responsible parties (PRPs) at enforcement-lead sites under CERCLA, OSWER Dir. No. 9835.1(c), dated July 1, 1991 https://www.epa.gov/enforcement/guidance-oversight-prp-rifs-volumes-1-and-2 (PDF 451kb)
Guidance on Oversight of Potentially Responsible Party Remedial Investigations and Feasibility Studies - Final, Volume 2: Appendices - (7/1/91) Volume 2 describes oversight of sampling and analysis activity and of well-drilling and installation activity conducted during a remedial investigation (RI) by potentially responsible parties (PRPs), OSWER Dir. 9835.1(c), dated 7/1/1991 https://www.epa.gov/enforcement/guidance-oversight-prp-rifs-volumes-1-and-2 (PDF 402 kb)
Evaluation of, and Additional Guidance on, Issuance of Unilateral Administrative Orders (UAOs) for RD/RA - (6/20/91) Memorandum presents results of evaluation of the selection process EPA uses in issuing UAOs to Potentially Responsible Parties (PRPs) for RD/RA under CERCLA. OSWER Dir. 9833.2c https://www.epa.gov/enforcement/guidance-issuing-uaos-rdra-evaluation-and-guidance (PDF 314 kb)
Model Informational Notice Letter to Local Governments - (5/7/91) Provides information to municipalities and other local governments about EPA's activities at a Superfund site. https://www.epa.gov/enforcement/model-informational-notice-letter-local-governments (PDF 245 kb)
Written Demand for Recovery of Costs Incurred Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) - (3/21/91) Regions are responsible for documenting costs, issuing written demands for those costs, and pursuing parties that do not reimburse EPA. OSWER No. 9832.18 https://www.epa.gov/enforcement/guidance-written-demand-superfund-cost-recovery (PDF 1085kb)
Final Guidance on Preparing Waste-in Lists and Volumetric Rankings for Release to Potentially Responsible Parties (PRPs) under CERCLA (Waste-in Guidance) - (2/22/91) Provides guidance on the compilation and release of waste-in lists and volumetric rankings to help you comply with the information release requirements of CERCLA section 122 (e) and the information release and exchange policies outlined in OSWER Directive https://www.epa.gov/enforcement/guidance-preparing-waste-lists-and-volumetric-rankings-release-prps-waste-guidance (PDF 1206 kb)
1990	Back to Top
Policy on Management of Post-Removal Site Control - (12/3/90) Transmits OSWER policy on management of post-removal site control for Fund-financed removal activities and communicating decisions to states on the use of institutional controls. http://nepis.epa.gov/Exe/ZyNET.exe/9100UHNE.TXT?ZyActionD=ZyDocument&Client=EPA&Index=1986+Thru+1990&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQField
Transmittal of Model Consent Decree for CERCLA Section 104(e) Information Request Enforcement Actions - (8/29/90) Transmittal memorandum and model Consent Decree for CERCLA Section 104(e) Information Request Enforcement Actions. OSWER No. 9834.14. https://www.epa.gov/enforcement/model-cercla-section-104e-information-request-enforcement-actions-consent-decree (PDF 445 b kb)
Integrated Timeline for Superfund Site Management (SMR #5, 15) - (6/11/90) Displays the key steps and phases in moving sites from identification to remediation. (SMR #5, 15), OSWER No. 9851.3. https://www.epa.gov/enforcement/guidance-superfund-management-review-timeline-superfund-site-management (PDF 396 kb)
Guidance on CERCLA Section 106(a) Unilateral Administrative Orders for Remedial Designs and Remedial Actions - (3/7/90) Guidance encourages use of CERCLA 106(a) unilateral administrative orders for remedial designs and remedial actions. OSWER Dir. No. 9833.0-1a. https://www.epa.gov/enforcement/guidance-cercla-section-106a-uaos-rdras (PDF 1830 kb)
Releasing Information to Potentially Responsible Parties at CERCLA Sites - (3/1/90) Memorandum addresses releasing information to potentially responsible parties at sites being addressed under CERCLA for the purpose of facilitating settlement. OSWER Dir. No. 9835.12 https://www.epa.gov/enforcement/guidance-releasing-information-prps-cercla-sites (PDF 228 kb)
1989	Back to Top
Methodologies for Implementation of CERCLA Section 122(g)(1)(a) De Minimis Waste Contributor Settlements - (12/20/89) Designed to provide practical assistance in the evaluation and development of de minimis waste contributer settlement proposals and agreements. OSWER No. 9834.7-1B https://www.epa.gov/enforcement/guidance-de-minimis-waste-contributor-settlement-methodologies (PDF 866 kb)
Transmittal of Interim Policy on CERCLA Settlements Involving Municipalities and Municipal Wastes (Interim Municipal Settlement Policy) - (12/6/89) Transmittal memorandum contains cover memo, fact sheet, and interim guidance regarding settlements involving municipalities or municipal waste under Section 122 CERCLA as amended by SARA. https://www.epa.gov/enforcement/guidance-interim-municipal-settlement-policy (PDF 827 kb)
Superfund Enforcement Strategy and Implementation Plan - (11/3/89) Memorandum discusses Superfund enforcement strategy and the steps necessary to implement improvements in the enforcement program. OSWER No. 9800.0. https://www.epa.gov/enforcement/guidance-superfund-enforcement-strategy-and-implementation-plan (PDF 2,586 kb)
Notification of Out-of-State Shipments of Superfund Site Wastes, Oswer Dir. No. 9330.2-07 - (9/14/89) Memorandum addresses EPA's policy regarding off-site shipment of Superfund wastes to an out-of-state waste management facility.OSWER Directive 9330.2-07. http://semspub.epa.gov/src/document/11/190985 (PDF 115 kb)
Submittal of Ten-Point Settlement Analyses for CERCLA Consent Decrees - (8/11/89) Memorandum to ensure adequacy of information provided in the ten-point analysis of a proposed Superfund settlement. Ten settlement criteria laid out in 12/5/1984 Interim CERCLA Settlement Policy (attached). https://www.epa.gov/enforcement/guidance-superfund-settlement-ten-point-analysis (PDF 1130 kb)
PRP Search Supplemental Guidance for Sites in the Superfund Remedial Program - (6/16/89) Transmittal memorandum and supplemental guidance on the PRP process for Superfund remedial sites and the content and format for PRP search reports, OSWER No. 9834.3-2a. https://www.epa.gov/enforcement/guidance-searching-prp-and-preparing-search-reports (PDF 1705 kb)
Guidance on Landowner Liability under Section 107(a)(1) of CERCLA, De Minimis Settlements under Section 122(g)(1)(B) of CERCLA and Settlements with Prospective Purchasers of Contaminated Property - (6/6/89) Guidance on Landowner Liability under Section 107(a)(1) of CERCLA, De Minimis Settlements under Section 122(g)(1)(B) of CERCLA and Settlements with Prospective Purchasers of Contaminated Property. OSWER No. 9835.9. Partially superseded by 5/24/95 prospective purchaser agreement policy. https://www.epa.gov/enforcement/guidance-landowner-liability-under-section-107a1-cercla-de-minimis-settlements-under (PDF 2002 kb)
Arbitration Procedures for Small Superfund Cost Recovery Claims - (5/30/89) Federal Register Final Rule implements EPA's authority under CERCLA to use arbitration for cost recovery, in understanding a response action. OSWER Dir. No. 9832.17 (54 FR 23174) https://www.epa.gov/enforcement/guidance-arbitration-procedures-small-cost-recovery-claims-under-superfund-final-rule (PDF 2700 kb)
Interim Final Guidance on Preparation of Superfund Memoranda of Agreement (SMOAs) - (5/8/89) Guidance indicated that the content of a smoa may be adapted to the needs of a particular State and the respective EPA Region. https://www.epa.gov/enforcement/guidance-preparing-superfund-memoranda-agreement (PDF 1256 kb)
Administrative Penalty Procedures, Action: Interim Final Rule - (5/6/89) Final Rule establishing procedures for the administrative assessment of civil penalties under CERCLA Section 109 and EPRCA Section 325. Federal Register Notice, Vol. 54, No. 93, OSWER Dir. No., 9841.1a https://www.epa.gov/enforcement/guidance-cercla-and-epcra-administrative-penalty-procedures (PDF 438 kb)
Procurement under Preauthorization / Mixed Funding (OSWER Directive 9225.1-01) - (4/19/89) Memorandum clarifying procurement procedures that potential claimants may use in planning and carrying out preauthorized response actions. https://www.epa.gov/enforcement/guidance-procurement-under-preauthorized-mixed-funding (PDF 5 MB kb)
Guidance on CERCLA Section 106 Judicial Actions - (2/24/89) Guidance provides criteria for consideration in selecting and initiating Section 106 Judicial Actions. The guidance also identifies and discusses issues that should be considered in preparation of a section 106 referral. https://www.epa.gov/enforcement/guidance-cercla-section-106-judicial-actions (PDF 425 kb)
Revisions to the Interim Guidance on PRP Participation in Remedial Investigations and Feasability Studies - (2/7/89) Sets forth policies and procedures governing PRP participation in the RI/FS process including initiation of PRP searches, notification, development of agreements, and oversight of RI/FS activities. https://www.epa.gov/enforcement/guidance-prp-participation-rifs (PDF 2,035 kb)
CERCLA Community Relations Mailing Lists, OSWER No. 9836.2 - (2/6/89) Memorandum emphasizes the use of community relations mailing lists to ensure notification of PRPs. https://www.epa.gov/enforcement/guidance-using-community-relations-mailing-lists-superfund-enforcement (PDF 193kb)
1988	Back to Top
Initiation of PRP-financed Remedial Design in Advance of Consent Decree Entry - (11/18/88) Memorandum addresses process for expediting the initiation of response work by PRPs at sites where agreements with PRPs have been reached and where PRPs will agree to begin remedial design work promptly, but where a consent decree has not been entered by the court. https://www.epa.gov/enforcement/guidance-initiating-prp-financed-rd-advance-consent-decree-entry (PDF 278 kb)
Guidance on Premium Payments in CERCLA Settlements - (11/17/88) Guidance on the use of premium payments in CERCLA Settlements, OSWER No. 9835.6. https://www.epa.gov/enforcement/guidance-premium-payments-superfund-settlements (PDF 494 kb)
Transmittal of Guidance on Use and Enforcement of CERCLA Information Requests and Administrative Subpoenas - (8/25/88) Guidance gives an overview of the information-gathering tools under CERCLA 104(e) and 122(e)(3)(B), and it focuses on the steps to be taken. OSWER No. 9834.4-a https://www.epa.gov/enforcement/guidance-use-and-enforcement-cercla-information-requests-and-administrative-subpoenas (PDF 1859 kb)
Transmittal of the Superfund Cost Recovery Strategy - (7/29/88) Sets forth the Agency's priorities and case selection guidelines, emphasizes the advance planning necessary to initiate cost recovery actions. OSWER No. 9832.13 https://www.epa.gov/enforcement/guidance-superfund-cost-recovery-strategy (PDF 1.52mb kb)
The Superfund Enforcement Process: How It Works - (7/1/88) Fact Sheet on the Superfund enforcement process, enforcement authorities and tools. https://www.epa.gov/enforcement/fact-sheet-how-superfund-enforcement-process-works
Interim Policy on Mixed Funding Settlements Involving the Preauthorization of States or Political Subdivisions - (5/27/88) Memorandum establishes interim policy on the use of mixed funding/preathorization of states or political subdivisions that are PRPs. OSWER No. 9834.9a https://www.epa.gov/enforcement/guidance-superfund-mixed-funding-settlements-involving-state-or-political-subdivision (PDF 195kb)
1987	Back to Top
Evaluating Mixed Funding Settlements under CERCLA - (10/20/87) Memorandum provides guidance to the Regions for evaluating settlement proposals they may receive from PRPs for EPA to provide mixed funding at CERCLA sites. OSWER No. 9834.9. https://www.epa.gov/enforcement/guidance-superfund-mixed-funding-settlement-evaluation (PDF 716 kb)
Interim Guidance on Notice Letters, Negotiations, and Information Exchange - (10/19/87) Memorandum re-emphasizes the importance of timely issuance of notice letters and the exchange of information between EPA and PRPs. https://www.epa.gov/enforcement/interim-guidance-notice-letters-negotiations-and-information-exchange (PDF 3061kb)
Guidance on Federal Superfund Liens - (9/22/87) Memorandum establishes guidance on the use of federal liens to enhance Superfund cost recovery under CERCLA section 107(l). Oswer No. 9832.12. Supplemented by 3/16/93 guidance. https://www.epa.gov/enforcement/guidance-federal-superfund-liens (PDF 438kb)
Guidance on the Use of Stipulated Penalties in Hazardous Waste Consent Decrees - (9/21/87) This guidance addresses the use of stipulated penalties in civil judicial settlements under CERCLA and RCRA Section 7003. https://www.epa.gov/enforcement/guidance-use-stipulated-penalties-hazardous-waste-consent-decrees (PDF 511 kb)
Scope of the CERCLA Petroleum Exclusion Under Sections 101(14) and 104(a)(2) - (7/31/87) Memorandum discusses whether contaminants in used oil or any other petroleum substance are within CERCLA's petroleum exclusion. https://www.epa.gov/enforcement/guidance-scope-cercla-petroleum-exclusion (PDF 497 kb)
Covenants Not to Sue Under SARA (Interim Guidance - Request for Public Comments), 52 Fed.Reg. 28039 - (7/27/87) Superfund Program; Covenants Not to Sue; Request for Public Comments, FR Vol. 52, No. 143, dated July 27, 1987 Oswer No., 9834.8 https://www.epa.gov/enforcement/guidance-covenants-not-sue-under-superfund (PDF 788 kb)
Interim Guidance on Use of Administrative Penalty Provisions of Section 109 of CERCLA and Section 325 of SARA - (7/16/87) Interim Guidance on Use of Administrative Penalty Provisions of Section 109 of CERCLA and Section 325 of SARA, OSWER No. 9841.1 https://www.epa.gov/enforcement/guidance-use-superfund-and-epcra-penalty-provisions (PDF 490 kb)
Interim Guidance on Settlements with De Minimis Waste Contributors under Section 122(g) of SARA - (6/19/87) Memorandum providing interim guidance for determining which PRPs qualify for treatment as de minimis waste contributors under section 122(g)(1) (A) of CERCLA. https://www.epa.gov/enforcement/guidance-superfund-settlements-de-minimis-waste-contributors (PDF 83 kb)
Consent Orders and the Reimbursement Provision Under Section 106(b) of CERCLA - (6/12/87) Memorandum provides guidance on EPA consent agreements with PRP under Section 106 of CERCLA, that the consent agreement should include a provision which prevents PRP from receiving reimbursement for response actions. OSWER No. 9833.2. https://www.epa.gov/enforcement/guidance-superfund-section-106b-consent-orders-and-reimbursement (PDF 137kb)
Cost Recovery Actions/Statute of Limitations - (6/12/87) Memorandum updates the Agency's policy on timing of cost recovery actions. OSWER Dir. 9832.3-1A https://www.epa.gov/enforcement/guidance-cost-recovery-actionsstatute-limitations (PDF 431 kb)
Entry and Continued Access Under CERCLA - (6/5/87) Memorandum sets forth EPA's policy on entry and continued access to facilities by EPA officers, employees and representatives for the purposes of response and civil enforcement activities under CERCLA. OSWER No. 9829.2 https://www.epa.gov/enforcement/guidance-superfund-entry-and-continued-access (PDF 673 kb)
Superfund Program; Non-Binding Preliminary Allocations of Responsibility (NBAR) - (5/20/87) Interim guidelines on non-binding preliminary allocations of responsibility (NBAR), among potentially responsible parties. https://www.epa.gov/enforcement/guidance-preparing-nonbinding-preliminary-allocations-responsibility-nbar (PDF 477 kb)
1986	Back to Top
Policy on Recovering Indirect Costs in CERCLA Section 107 Cost Recovery Actions - (6/27/86) This memo clarifies the Agency's policy regarding the recovery of indirect costs in CERCLA cost recovery actions. OSWER No. 9832.5 https://www.epa.gov/enforcement/guidance-recovering-indirect-costs-superfund-cost-recovery-actions (PDF 89kb)
1985	Back to Top
Policy for Enforcement Actions against Transporters under CERCLA - (12/23/85) Policy for Enforcement Actions against Transporters under CERCLA. OSWER Dir. No. 9829.0 https://www.epa.gov/enforcement/guidance-enforcement-actions-against-transporters-under-cercla (PDF 272 kb)
Procedural Guidance on Treatment of Insurers Under CERCLA - (11/21/85) Guidance provides EPA Regional offices with the appropriate procedures to follow in issuing notice letters, developing referrals, and tracking CERCLA enforcement cases that may include insurers as third party defendants. https://www.epa.gov/enforcement/guidance-treatment-insurers-under-superfund (PDF 2627kb)
Small Cost Recovery Referrals - (7/12/85) This memo simply confirms operating guidance on CERCLA cost recovery cases valued at less than $200,000. OSWER No. 9832.6. https://www.epa.gov/enforcement/guidance-small-cost-recovery-referrals (PDF 91kb)
1984	Back to Top
Interim CERCLA Settlement Policy - (12/5/84) Memorandum sets forth the general principles governing private party settlements under CERCLA, and specific procedures for the Regions and Headquarters to use in assessing private party settlement proposals. https://www.epa.gov/enforcement/guidance-cercla-settlement-policy-interim (PDF 994 kb)
Policy Against No Action Assurances - (11/16/84) Memorandum reaffirming EPA policy on no action assurances. Referenced in June 2000 memorandum on applicability of no action assurance policy to CERCLA. https://www.epa.gov/enforcement/guidance-no-action-assurances-policy (PDF 139 kb)
Policy on Enforcing Information Requests in Hazardous Waste Cases - (9/10/84) Memorandum assists the regions in enforcing information request letters issued pursuant to Section 104 of CERCLA and Section 3007 of RCRA. OSWER Dir. 9834.4 https://www.epa.gov/enforcement/guidance-enforcing-information-requests-hazardous-waste-cases (PDF 1156 kb)
Issuance of Administrative Orders for Immediate Removal Actions - (2/21/84) Sets forth guidance on issuing administrative orders for immediate removal actions under CERCLA. https://www.epa.gov/enforcement/guidance-issuing-administrative-orders-immediate-removal-actions (PDF 692 kb)
Releasing Identities of Potentially of Responsible Parties in Response to FOIA Requests - (1/26/84) The memo states EPA Policy on responding to requests under the FOIA for the names of PRPs at CERCLA sites. OSWER Dir. No. 9834.0 https://www.epa.gov/enforcement/guidance-releasing-prp-identities-foia-responses (PDF 148 kb)
1983	Back to Top
Guidance Memorandum on Use and Issuance of Administrative Orders Under Section 106(a) of CERCLA - (9/8/83) Guidance Memorandum on Use and Issuance of Administrative Orders Under Section 106(a) of CERCLA, OSWER Dir. No. 9833.0. Superseded in part by 3/7/90 guidance on CERCLA 106(a) UAO for RD/RA. https://www.epa.gov/enforcement/guidance-using-and-issuing-superfund-section-106a-administrative-orders (PDF 1,154 kb)
Guidance on Pursuing Cost Recovery Actions Under CERCLA - (8/26/83) Describes essential elements which the government will probably be called upon to prove in a cost recovery action; the assembly & maintenance of a file; some examples of appropriate documentation for each element of the cause of action; procedural issues, OSWER No. 9832.1 https://www.epa.gov/enforcement/guidance-cost-recovery-actions-under-superfund (PDF 1460 kb)
1982	Back to Top
Guidelines for Using the Imminent Hazard, Enforcement and Emergency Response Authorities of Superfund and Other Statutes - (5/13/82) Policy statement provides a general description of how response actions undertaken pursuant to CERCLA 104 will be coordinated with the use of enforcement authorities available to EPA and DOJ. https://www.epa.gov/enforcement/using-imminent-hazard-enforcement-and-emergency-response-authorities-cercla-and-other (PDF 3406 kb)

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