Document Overview

Model is for use by EPA and DOJ staff when negotiating CERCLA administrative cashout agreements with qualifying peripheral parties based on ability to pay. Further guidance on peripheral party cashouts is contained in Part II(B)(3) of 12/22/1998 Section 122(h) Guidance available below.

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). Appendices A, B and C are now superseded.

Revision History

Updated electronic notification requirements
03/16/2023

• ¶ 46 – Changed requirement to use email for notices and submissions to EPA and settling party contacts.

Updated payment language and made minor formatting changes throughout the document
03/30/2021

• ¶1 – Added “as amended” after CERCLA and removed USC citation
• Amended the following definitions:
• CERCLA – added “as amended”
• EPA – removed “and its successor departments, agencies, or instrumentalities
• Paragraph – grammar update
• RCRA – added “as amended”
• ¶13 – Revised payment language to streamline payment instruction to only allow for payment via https://www.pay.gov.
• Note following ¶13 (payment by check) - deleted
• Deleted former ¶15 (language regarding payment by mail). Moved notice of payment language to ¶13. (Deletion of this paragraph resulted in renumbering of all subsequent paragraphs.)
• ¶17.c - Stipulated Penalty - Revised payment language to include instructions for making payment via https://www.pay.gov.

Changes to public comment and effective date paragraphs
08/23/2018

• Public comment:
  • 49 - changed "In accordance with Section 122(i)(3) of CERCLA, the United States may modify or withdraw its consent . . ." to "In accordance with Section 122(i)(3) of CERCLA 42 U.S.C. § 9622(i)(3), the United States may withhold its consent or seek to modify . . ." to accurately reflect the statutory language in CERCLA § 122(i).
• Effective Date:
• ¶ 50 - Changed "The effective date of this Settlement Agreement shall be the date upon which EPA issues written notice that the public comment period pursuant to Paragraph 50 has closed and that comments received, if any, do not require modification of or withdrawal by the United States from this Settlement Agreement” to "The effective date of this Settlement Agreement shall be the date upon which EPA issues written notice that the public comment period pursuant to Paragraph 49 has closed and the United States has determined not to withhold its consent or seek to modify this Settlement Agreement based on the comments received, if any" to accurately reflect the statutory language in CERCLA § 122(i). Changed reference to paragraph on public comments to reflect correct paragraph.

Updated payment information
01/04/2018

• Updated ¶ 13 to reflect correct address and contact information for automated clearinghouse (ACH) payment.

Conforming changes and formatting
12/16/2016

• The changes outlined below are the result of model documents issued 9/29/2016:
  • Agreement updated with conforming changes in accordance with ="https://www.epa.gov/enforcement/guidance-2015-cercla-rdra-uao-and-sow">Issuance of Revised Model Remedial Design/Remedial Action Unilateral Administrative Order and New Statement of Work: ¶ 36 – delete paragraph requiring settling owner to reach access/use restriction agreement with transferee; and ¶ 42 – clarify CBI claim process.

URL Review
02/02/2016

• Reviewed and updated existing URLs throughout document – pp. cover, 3, 5, 12-13, 15

Update URL
11/23/2015

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

Modification to paragraph 12
02/10/2015

• Optional installment payment language in paragraph 12 (Payment of Response Costs) of this model was amended to describe more accurately how interest is calculated on delayed payments. Changed from “Each installment payment shall also include an additional sum for Interest accrued on the unpaid portion of the principal amount calculated from the 30th day after the Effective Date until the date of the payment.” to “Each installment payment shall also include an additional sum for Interest accrued on the unpaid portion of the principal amount calculated from the date of the prior payment until the date of the payment.”

Formatting change
11/25/2014

• Paragraph 38.a of this model was corrected to reformat the paragraph from an ordered line layout to a single paragraph.

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