Document Overview

Model contains the basic legal and factual provisions necessary for a de minimis contributor consent decree under section 122(g)(1)(A) of CERCLA.

Supporting Documents

Ability to Pay Provisions for Use in De Minimis Settlements with Ability to Pay and Non-Ability to Pay Parties (7 pp, 31.0 K)
Date: 09/26/2014
Document provides recommended language for modifying the September 26, 2014 de minimis contributor ASAOC and CD when settling with some de minimis ability to pay parties in accordance with Section 122(g)(7) of CERCLA and some non-ability to pay de minimis parties.

Ability to Pay Provisions for Use in De Minimis Settlements with Ability to Pay Parties Only (7 pp, 31.0 K)
Date: 09/26/2014
Document provides recommended language for modifying the September 26, 2014 de minimis contributor ASAOC and CD when settling with de minimis ability to pay parties in accordance with Section 122(g)(7) of CERCLA.

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.”

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
Date: 05/17/2004
Guidance document and four model notice documents on ability to pay and de minimis revisions to CERCLA 122(g) under the 2002 Brownfields Amendments.

Standardizing the De Minimis Premium
Date: 07/07/1995
Guidance is intended to simplify the premium determination process and promote greater national consistency in this aspect of de minimis settlements.

Communications Strategy for Settlements with Small Volume Waste Contributors
Date: 09/30/1993
Memorandum outlines communication strategy and attaches model documents to assist the Regions when entering into settlements with de minimis parties.

Streamlined Approach for Settlements with De Minimis Waste Contributors under CERCLA Section 122 (g)(1)(A)
Date: 07/30/1993
The guidance supplements earlier guidance for de minimis waste contributor settlements and establishes the minimum level of information necessary before a Region can consider a de minimis settlement, as well as provides a methodology to construct payment matrices in appropriate circumstances, and encourages Regions to take a more active role in facilitating de minimis settlement.

Methodologies for Early De Minimis Waste Contributor Settlements under CERCLA Section 122(g)(1)(A)
Date: 06/02/1992
Guidance supplements earlier guidance on de minimis waste contributor settlements and sets forth procedures for identifying early de minimis candidate sites under section 122(g)(1)(A) of CERCLA.Supplements 12/20/1989 guidance.

Methodologies for Implementation of CERCLA Section l22(g) (1) (A) - Minimis Waste Contributor Settlements
Date: 12/20/1989
Memorandum provides practical assistance in the evaluation and development of de minimis contributor settlement proposals and agreements.

Interim Guidance on Settlements with De Minimis Waste Contributors under Section 122(g) of SARA
Date: 06/19/1987
Memorandum provides interim guidance for determining which PRPs qualify for treatment as de minimis waste contributors.

Revision History

Updated payment and electronic notice requirements
03/15/2023

• ¶ 7 – Changed payment requirement to “Fedwire Electronic Funds Transfer (EFT)” and deleted pay.gov URL. Deleted “or regular mail” in the last sentence, removed the EPA mailing address and inserted “[Project Coordinator email address]” for the EPA contact information, removed the DOJ mailing address, and updated the DOJ email address.
• ¶ 9 – Updated notice of payment paragraph to remove “or regular mail” references throughout the paragraph, removed the EPA and DOJ mailing addresses, inserted “[Project Coordinator email address]” for the EPA contact information, and updated the DOJ email addresses.

Updated payment language and made minor formatting changes throughout the document
03/31/2021

• ¶A – 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,”
• ¶7 – Revised payment language to streamline payment instruction to only allow for payment via https://www.pay.gov.
• ¶9 – Updated notice of payment language by removing language regarding notice to EPA’s Cincinnati Finance Center.

Update URLs
06/17/2016

• Updated existing URLs throughout the document - pp. 3, 5, 9.

Update URL
11/23/2015

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

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