ASAOC for Removal Actions

Removal ASAOC (.Doc/.Docx, 57 pp, 395 K)

Model Information



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Model Administrative Settlement Agreement and Order on Consent for Removal Actions is suitable for use in both time critical and non-time critical removal actions under CERCLA.

Supporting Documents

Consideration of Greener Cleanup Activities in the Superfund Cleanup Process
Date: 08/02/2016
Memorandum recommends approaches for "greener cleanup activities" when evaluating remedial and removal activities and other activities designed to reduce or mitigate potential environmental impacts when implementing response actions under CERCLA.

Issuance of Revised Model Administrative Settlement Agreement and Order on Consent and Unilateral Administrative Order for Removal Actions
Date: 09/30/2015
Memorandum transmits two revised model language documents for conducting removal actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Guidance on Financial Assurance in Superfund Settlement Agreements and Unilateral Administrative Orders
Date: 04/06/2015
Memorandum transmits guidance, model language, and sample documents that address financial assurance (FA) requirements in cleanup settlement agreements and unilateral administrative orders (UAOs) under 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 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
Transmittal memorandum revises, for purposes of all EPA settlement models issued under CERCLA, certain language included in the March 16, 2009 “ARC Memo” and announces issuance of 13 revised CERCLA judicial and administrative settlement models and two documents containing ability to pay inserts for the de minimis contributor models.

Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites
Date: 12/04/2012
Guidance for site managers, attorneys and other interested parties for planning, implementing, maintaining and enforcing (PIME) institutional controls for Superfund, brownfields, UST, RCRA, and federal facility cleanups. Additional Information on ICs: Additional policy and guidance documents related to institutional controls is available from the ="https://cfpub.epa.gov/compliance/resources/policies/cleanup/superfund/index.cfm?action=3⊂_id=775">Institutional Controls subject category of the Superfund Enforcement Policy and Guidance Database.

Enforcement First for Removal Actions
Date: 08/11/2011
Memorandum addresses enforcement first policy for removal actions.

Interim Guidance: Providing Communities with Opportunities for Independent Technical Assistance in Superfund Settlements
Date: 09/03/2009
Memorandum transmits model language and provides guidance on technical assistance plan (TAP) provisions in Superfund settlements, including model TAP language for ASAOCs in RDs and other model language documents.

Interim Revisions to CERCLA Judicial and Administrative Settlement Models to Clarify Contribution Rights and Protection from Claims Following the Aviall and Atlantic Research Corporation Decisions
Date: 03/16/2009
Memorandum issuing interim revisions to CERCLA judicial and administrative settlement models to clarify certain contribution rights and protection from claims and certain other language following Supreme Court's decisions.

Transmittal of Guidance on Conducting Non-Time-Critical Removal Actions Under CERCLA
Date: 08/06/1993
Guidance provides information on the procedures and activities EPA uses in conducting non-time critical removal actions under CERCLA and the National Contingency Plan (NCP). Contains information on the Engineering Evaluation/Cost Analysis (EE/CA) reports and EE/CA approval memoranda.

Revision History

Corrected typographical error and updated URLs

  • ¶21.b - Updated title and URL to web page on Agency-wide quality program documents
  • Updated URLs in ¶21.c, and Note after ¶109.b.2
  • ¶ 72.b – changed “3-day notice” to “30-day notice”

Update to stipulated penalty instructions and URL update

  • ¶21.c - Updated link to air toxics monitoring methods web page.
  • ¶64 - Revised to update stipulated penalty payment instructions.

Correction to Paragraph title

  • ¶45 - Removed "payment instructions" from the title of the paragraph

Update Notice instructions and revise payment information

  • ¶14 - Clarified notice and submission instructions.
  • Section XIV. Revised payment language to streamline payment instruction to only allow for payment via https://www.pay.gov.
    • ¶45.a – Provides simplified payment language.
    • Deleted former ¶45.b as it included notice instructions now provided for in ¶14.
    • Updated paragraph numbering and cross-referencing due to the deletion of former ¶45.b.
    • ¶46 (Payment of Future Response Costs) – ¶46.a, ¶46.b, ¶46.c - Included reference to payment instructions in ¶45.a.
    • ¶64 – Revised payment instructions in Stipulated Penalties Section.

Language updates to property requirement and payment information instructions. General formatting updates.

  • Modified reference to CERCLA in various section to add “as amended” after statutory title.
  • Modified definition of RCRA to add “as amended.”
  • ¶ 45(a) – Updated and simplified payment instruction information.
  • ¶ 48 – Changed “regarding” in last sentence to “under”.
  • ¶ 72(a) – Changed “3 days” to “30 days” in last sentence of paragraph.
  • ¶ 74 – Added to end of paragraph “[If a State is involved there should be parallel reservation for claims against the State.]”
  • ¶ 90 – Changed “Work” to “work” in first sentence to refer to work generally and not work as defined by the “Work” definition.
  • ¶ 97(d) – Added “, the State,” in case of work takeover.
  • ¶ 98
    • Second sentence - Added “and the State” after EPA in the case of work takeover.
    • Third sentence - Added “after EPA “, after a reasonable opportunity for review and comment by the State,” in case of work takeover.
  • ¶ 109(c)(5) and (d)(1) - To address an unintended inconsistency arising from the settling party’s obligations set forth in paragraphs (c)(1) and (d)(1) by the deadlines prescribed in paragraph (c)(5), deleting subparagraph (c)(5) and incorporating the deadlines into paragraph (d)(1).
  • ¶ 109(d)(1) - Changing the first sentence in subparagraph (d)(1) in the above to models to read: “[SDs or Respondents, whichever term is used in the respective model] shall submit all draft Proprietary Controls and draft instruments addressing Prior Encumbrances to EPA for review and approval within [180] days after the Effective Date; or if an initial waiver request has been filed, within [135] days after EPA’s determination on the initial waiver request; or if a final waiver request has been filed, within [90] days after EPA’s determination on the final waiver request.”

Updated payment information

  • Updated ¶ 45.a to reflect correct address and contact information for automated clearinghouse (ACH) payment.

URL update

  • ¶19.b.2 - updated URL at end of paragraph.

Minor updates/corrections

  • ¶2 – updated paragraph citations to delegations and issue dates.
  • ¶27 - Paragraph 27 is revised to add a final sentence requiring Respondents to send any access or use restriction agreements to EPA and the state, if applicable.
  • ¶40 – clarified bracketed final sentence to more accurately explain ARAR selection process.
  • ¶43.c – corrected statutory references to CERCLA § 103 in last sentence of paragraph on release reporting.

Corrections and formatting

  • Correction of subparagraph numbering in ¶ 21.
  • Correction of minor error in ¶ 35 (clarify CBI claim process) 12/08/2016 revision.
  • Technical corrections to ¶ 46.e to conform to Additional Guidance on Prepayment of Oversight Costs and Special Accounts - (12/22/06).
  • Corrections to ¶ 93 to better explain financial assurance (FA) approval process.
  • Conforming change to ¶ 107 to delete reference to optional FA appendix.
  • Corrections to paragraph cross-references in ¶ 59.a (should be ¶ 59.b, not ¶ 60.b), ¶ 60 (should be ¶ 59.b, not ¶ 59.a), and in note before ¶ 92.f (should be ¶ 92, not ¶ 94).
  • Minor formatting updates.

Conforming changes and formatting

  • The changes outlined below are the result of model documents issued 9/29/2016:
  • ASAOC updated with conforming changes in accordance with Issuance of Revised Model Remedial Design/Remedial Action Unilateral Administrative Order and New Statement of Work: ¶¶ 12-13) – use objective criteria to review PRP contractor qualifications; ¶ 29 and App. A, Item 7 (and conforming change to Item 5) – delete requirement for settling owner to reach access/use restriction agreement with transferee from ¶ 29 and App. A, Item 7 (and move remainder of Item 7 into App. A, Item 5); and ¶ 35 – clarify CBI claim process.
  • ASAOC updated with conforming changes in accordance with Issuance of Revised Model Consent Order and New Model Unilateral Order for Remedial Investigation/Feasibility Study and Updated Financial Assurance and Insurance Language for All CERCLA Response Action Settlements and Unilateral Administrative Orders: ¶¶ 92-98 – update financial assurance section user note and clarify financial test and corporate guarantee mechanisms; ¶ 91 – update insurance to include minimum coverage amounts and to require identifying information with submittals; and ¶¶ 57-60 and 47 – simplify definition of “comply,” clarify stipulated penalty amount categories, and make conforming cross-reference update in 47.

Technical, typographical, and editorial corrections

  • Updated existing Agency URLs throughout the document – pp. 4, 6, 10-12, 23, 38, 47, 52.
  • Removed duplicate region designation from cover page.
  • Paragraph 10.f. – typographical correction: changed “had being” to “had been.”
  • Paragraph 21.c – typographical correction: remove quotation mark from end of paragraph.
  • Paragraph 27 – editorial correction: changed “Owner Settling Respondent’s Affected Property” to “Owner Respondents Affected Property.”
  • Paragraph 41 – editorial correction: changed citation from 42 U.S.C. § 9621 to 42 U.S.C. § 9621(e).

Update URL

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

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