Compliance with Superfund Obligations

This category includes documents addressing potentially responsible party (PRP) compliance with Superfund obligations.

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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 446K)

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)

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

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 386K)

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 K)

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 K)

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 K)

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 105K)

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 K)

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 K)

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 K)

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)

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)

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