Document Overview

This model is for use by EPA and DOJ staff when negotiating a remedial design/remedial action (RD/RA) consent decree statement of work (SOW). It should be used in conjunction with the RD/RA judicial consent decree (CD). The SOW is the technical attachment to the CD, which sets forth the procedures and requirements for implementing the remedial action under the CD. More information on Remedial Design/Remedial Action is available from the Superfund Program RD/RA web page.

Supporting Documents

Issuance of 2021 Comprehensive Environmental Response, Compensation, and Liability Act Model Remedial Design/Remedial Action Consent Decree and Statement of Work
Date: 08/31/2021
Transmittal memorandum announcing the issuance of a revised, streamlined RD/RA CD and RD/RA SOW. The transmittal memorandum includes the all visible text version of both the RD/RA CD and RD/RA SOW model documents, and an overview of changes made to the models.

Model Remedial Design/Remedial Action Consent Decree
Date: 08/31/2021
RD/RA CD should be used in conjunction with the RD/RA SOW. The RD/RA CD used by EPA and DOJ staff when negotiating an RD/RA judicial CD with potentially responsible parties under sections 106, 107, and 122 of CERCLA.

Transmittal of Model Geospatial Data and Electronic Submission of Deliverables Language for Inclusion in CERCLA Statements of Work
Date: 09/29/2014
Transmittal memorandum and model geospatial data and electronic submission of deliverables language for inclusion in CERCLA SOW documents. The model language is for use in CERCLA judicial and administrative settlements and unilateral administrative orders that provide for performance of response actions.

Revision History

Minor edits and language changes for consistency with other model documents.
04/29/2024

• ¶ 1.2 – Deleted Structure of SOW as no longer needed. Structure is clear from Table of Contents.
• ¶ ¶ 2.2(d), 5.5(c), 5.6(b), 8.3, 8.7(f) - Replaced “EPA Project Coordinator” with “the RPM.”
• ¶ 2.2(d) Community Involvement: Added the EJ Screen link: https://www.epa.gov/ejscreen.
• ¶ 2.3(c)(2)- Deleted tribal government from list of community groups ineligible for TAP provision. The TAP provision is based on the TAG regulation, and the TAG regulation does not prohibit a tribal government from receiving TAG funds.
• ¶ 2.3(d)(3) - Added language stating that recipients of TAP assistance must comply with federal grant provisions including requirements relevant to the eligibility of a recipient for additional assistance.
• ¶ 3.0 - Coordination and Supervision: Streamlined to be consistent with parallel provision in Removal ASAOC.
• ¶ 4.2(c) - Added new provision for issuance of notice of authorization to proceed regarding Institutional Controls.
• ¶ 4.10 - Added new provision for issuance of notice of authorization to proceed regarding Remedial Action.
• ¶ 5.1(c) – Replaced “If applicable” with “if any”
• ¶ 5.7(d) – Fixed typo: “an” to “a”
• ¶ 5.10(a) – Replaced note attached to Certification of Work Completion provision with: “Delete the Certification of Work Completion requirement for any remedy where waste is left in place. Because activities such as O&M and five-year reviews will continue indefinitely after certification of RA, the Work will not be completed for such remedies.”
• ¶ 5.10(d) – Changed “activities” to “obligations” in Certification of Work Completion provision.
• ¶ 6.5 - Added “and so notifies Settling Defendants” to Other Modifications paragraph.
• ¶ 8.6(a)(2) – Deleted “due to material defects” in Approval of Deliverables provision.
• ¶ 8.6(d) - Deleted "If: (1) an initially submitted deliverable contains a material defect and the conditions are met for modifying the deliverable under ¶ 8.6(a)(2); or (2) a resubmitted deliverable contains a material defect; then the material defect constitutes a lack of compliance for purposes of this Paragraph” due to new language in the Accrual of Penalties provision in the model Consent Decree.

Technical update
08/09/2023

• Uploaded recertified macro version of model. No revisions to model.

Updated titles to reference materials
09/28/2021

• ¶ 2.2(d) - “Community Impact Mitigation Plan” changed to “Community Impacts Mitigation Plan” and “validated sampling” changed to “invalidated sampling.”
• ¶ 4.8(a) - “Construction Specifications Institute’s MasterFormat 2012” changed to “Construction Specifications Institute’s MasterFormat [2020 or a later edition].”
• ¶ 8.7(f) - “Community Impact Mitigation Plan” changed to “Community Impacts Mitigation Plan.”
• ¶ 11.1(aa) - “Construction Specifications Institute’s MasterFormat [specify current edition]” changed to “Construction Specifications Institute’s MasterFormat [specify 2020 or a later edition].”

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