Document Overview

This model contains the basic legal and factual provisions necessary for an administrative agreement on consent (AOC) under section 3008(h) of the Resource Conservation and Recovery Act (RCRA)

Supporting Documents

Issuance of Revised Model Resource Conservation and Recovery Act Section 3008(h) Administrative Order on Consent
Date: 09/29/2016
Transmittal memorandum announcing issuance of 2016 revised RCRA § 3008(h) administrative order on consent model document.

Model Provisions for Cost Estimates and Financial Responsibility for Use in RCRA Section 3008(h) Administrative Order on Consent
Date: 02/08/2006
Transmittal memorandum and model language for financial assurance provisions. The 2016 revised model RCRA Section 3008(h) AOC includes this language, with minor typographical corrections, as Section XV (Financial Assurance). The language requires facility owners or operators who enter into corrective action agreements under RCRA section 3008(h) to provide cost estimates for the work to be performed and assurances of financial responsibility to complete the work required by the order.

Transmittal of Guidance on Enforcement Approaches for Expediting RCRA Corrective Action
Date: 01/02/2001
Memorandum provides guidance to EPA and RCRA authorized state project managers on a variety of enforcement approaches that can be used to accomplish timely, protective, and efficient corrective action at RCRA Subtitle C facilities.

Revision History

Language updates to property requirement and payment information instructions. General formatting updates.
08/15/2019

• • Modified reference to CERCLA in various section to add “as amended” after statutory title.
  • Modified definition of RCRA to add “as amended.”
  • ¶ 22(d)(1) o To address an unintended inconsistency arising from the settling party’s obligations set forth in paragraphs (c)(1) and (d)(1), amending paragraph (d)(1) as follows: “[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.”
  o Added the following bracketed language that is in similar to proprietary control language in other models: “[The Proprietary Controls must be in substantially the form attached hereto as Appendix __.]”
  • ¶ 50 – Updated and simplified payment instruction information.

Minor updates and corrections
11/05/2018

• Paragraph 21 - last sentence font color changed from red to black to conform with rest of paragraph.
  • Paragraph 22.c(2) - First sentence correction - reference to paragraph 22.d changed to 22.b

Minor updates and corrections
08/28/2017

• Updated delegation references in Paragraph 2.
  • Paragraph 21 is revised to add a final sentence requiring Respondents to send any access or use restriction agreements to EPA and the state, if applicable.
  • Correction of Paragraph 22.c(2) to include “[or Off-Site Property] at end of sentence to conform to Paragraph 22.c(1).

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