Document Overview

This Model All Purpose Administrative Payment Consent Decree combines the following models into one master model: Past Cost, De Minimis, Peripheral ATP, and Peripheral non-ATP. Due to security concerns, EPA HQ Security disabled use of macros within the Agency which were used in previous versions of OSRE model documents. To address this issue, EPA and DOJ decided to present the models in a new format. The four different settlement agreements have been combined into this all-purpose model CD using footnotes or bracketed text to address sections that should be added or removed depending on which settlement agreement the user seeks to produce. A roadmap showing which sections to include or remove from each CD is also provided to give regional attorneys a visual aid in their drafting process. The all-purpose payment CD has also been streamlined as part of the update, and language has been updated to align with the most recent update to the model RD/RA CD.

Supporting Documents

Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models
Date: 09/26/2014
Memorandum announcing the issuance of 15 model documents that comprise all of the CERCLA model documents in which the primary form of consideration to be provided by potentially responsible parties (PRPs) is a “payment,” rather than performance of response action, and that the Agency is revising, for purposes of all EPA settlement models issued under CERCLA, certain language included in the March 16, 2009 “ARC Memo.”

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
Date: 12/22/1998
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). This Section 122(h) guidance explains that ability to pay parties are appropriate candidates for peripheral party cashouts (in Subsection II.B.3.a), outlines the basic terms of such settlements (in Subsections II.B.3.b and II.C), and explains when such settlements should be embodied in a judicially-approved consent decree rather than in an administrative settlement (in Subsection II.B.3.a). Appendices A, B and C are now superseded.

General Policy on Superfund Ability to Pay Determinations
Date: 09/30/1997
Transmittal memorandum and policy document addressing general issues that apply to ability to pay (ATP) process and ATP settlements.

Revision History

Consent Decree Model Revision History
07/27/2026

• Section VI “Payments” Provision for sale of real property and payment of the net proceeds removed from peripheral ATP model. See footnote 18 for explanation.
• ¶ 17 Updated to state what the payment includes, including the concept of premiums if applicable.
• ¶ 17 Provision for payment of interest on unpaid principal from the date of last cost summary to the date of payment removed for peripheral parties. Now only required for past cost agreements.
• ¶ 30 “or take administrative action against” removed from covenant language for past cost model.
• ¶ 31.c. General Reservations: Liability for costs “to be incurred” only included in Past Costs model.
• ¶ 36.a. Covenants by Settling Parties no longer includes covenant extending to contractors and employees of the U.S.
• ¶ 37 Removed blanket waiver from the Settling Parties’ Reservation to be consistent with the model RD/RA CD.
• ¶ 38 and 39 Removed “not to assert” to eliminate redundancy with “waive”
• ¶ 42 Changed "exercises rights under the reservations" to "brings a claim against” to align with model RD/RA CD.
• ¶ 48.c. New electronic records preservation provision added.
• ¶ 53 Language updated to align with wording in model RD/RA CD

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