Document Overview

The model is guidance for EPA and DOJ staff when negotiating CERCLA § 107 judicial consent decrees (CDs) for recovery of past response costs. The model is designed for resolution of past cost claims and is not intended to resolve claims for future work or payment of future response costs.

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.”

Revision History

Updated payment and electronic notice requirements
03/15/2023

• ¶ 5 – Changed payment requirement to “Fedwire Electronic Funds Transfer (EFT)” and deleted pay.gov URL.
• ¶ 11.c – Updated payment instructions for stipulated penalties in second sentence to add after pay.gov URL “using the ‘EPA Miscellaneous Payments Cincinnati Finance Center’ link, including references to the Site/Spill ID and DJ numbers listed in” and deleted “in accordance with the procedures under”. Added comment bubble regarding the use of alternatives to pay.gov for making payments and contacting CFC if SDs cannot make a payment using the pay.gov system.
• ¶ 41 – Deleted “(if that option is provided below) or by regular mail” in last sentence of paragraph. Deleted DOJ, SFA, and EPA mailing addresses. Added email address for SFAs notice. Added “address” after email for State and Settling Defendants contact information.

Updated definition of CERCLA
08/02/2021

• Updated CERCLA definition to add U.S.C. citation after "as amended."

Updated payment language and made minor formatting changes throughout the document
12/10/2020

• Minor formatting updates throughout document.
• ¶1.A – Added “as amended” after CERCLA
• Amended the following definitions:
• CERCLA – removed USC citation, added “as amended”
• EPA - removed “and its successor departments, agencies, or instrumentalities
• Paragraph – grammar update
• ¶5 - Revised payment language to streamline payment instruction to only allow for payment via https://www.pay.gov.
• Note following ¶5 – deleted
• ¶7 – Updated notice of payment language and removed ¶7.b regarding payment by mail.
• ¶11.c – Updated payment information for stipulated penalties.
• Note following ¶11 – deleted

Conforming changes and formatting
02/02/2017

• The changes outlined below are the result of model documents issued 9/29/2016:
  • CD updated with conforming changes in accordance with Issuance of Revised Model Remedial Design/Remedial Action Unilateral Administrative Order and New Statement of Work: ¶ 29 – delete paragraph requiring settling owner to reach access/use restriction agreement with transferee; and ¶ 35 – clarify CBI claim process.

Update URLs
06/07/2016

• Updated existing Agency URLs throughout the document – pp. 3-5, 8, 14

Update URL
11/23/2015

• Updated URL of Superfund Interest Rate Web page in “Interest” definition of model.

Typographical error and formatting updates
09/22/2015

• Updated the model to correct typographical errors associated with the word “settling” and minor formatting updates.

Formatting change
11/25/2014

• Paragraph 31.a of this model was corrected to reformat the paragraph from an ordered line layout to a single paragraph.

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