RI/FS ASAOC
RI/FS ASAOC (.Doc/.Docx, 39 pp, 120 K)
Model Information
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This model is for use by EPA staff when negotiating a remedial investigation/feasibility study (RI/FS) administrative settlement agreement and order on consent with potentially responsible parties (PRPs) under Sections 104, 107 and 122 of CERCLA.
Supporting Documents
Remedial Investigation/Feasibility Study ASAOC Statement of Work (SOW)
Date: 09/19/2022
RI/FS/ASAOC SOW should be used in conjunction with the RI/FS ASAOC. The SOW is the technical attachment to the ASAOC, which sets forth the procedures and requirements for performing the work under the ASAOC.
Issuance of 2022 Comprehensive Environmental Response, Compensation, and Liability Act Model Remedial Investigation/Feasibility Study Administrative Settlement and Order on Consent and Statement of Work
Date: 09/19/2022
Issuance of 2022 Comprehensive Environmental Response, Compensation, and
Liability Act Model Remedial Investigation/Feasibility Study Administrative
Settlement and Order on Consent and Statement of Work.
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
Date: 09/29/2016
Memorandum transmitting the revised 2016 RI/FS ASAOC and the new RI/FS UAO along with information on updated language incorporated into other model documents related to financial assurance and insurance. RI/FS ASAOC model document superseded by the 2022 model document.
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 CERCLA Financial Assurance Guidance, Updated and New Sample Mechanisms, and Model Language Provisions for Unilateral Administrative Orders
Date: 04/06/2015
Includes information relating to FA mechanisms that may be available to PRPs to satisfy their FA obligations under settlements and orders for remedial and removal actions.
Promoting Water, Superfund and Enforcement Collaboration on Contaminated Sediments
Date: 02/12/2015
Memorandum encourages improvements in communication, coordination, and collaboration among the three program offices (Office of Water, Office of Land and Emergency Management, and OECA) when addressing contaminated sediments.
Transmittal of Model Geospatial Data and Electronic Submission of Deliverables Language for Inclusion in CERCLA Statements of Work
Date: 09/29/2014
Memorandum on model geospatial data language for inclusion in CERCLA statements of work.
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 addresses model language updates from the March 16, 2009 "ARC Memo" and announces changes to CERCLA judicial and administrative settlement 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
Promoting Enforcement First for Remedial Investigation/Feasibility Studies at Superfund Sites
Date: 03/20/2012
Memorandum reaffirms EPA's commitment to having PRPs conduct RI/FS at Superfund sites whenever appropriate.
Transmittal of Updated Superfund Response and Settlement Approach for Sites Using the Superfund Alternative Approach (SAA Guidance)
Date: 09/28/2012
Transmittal memorandum and updated guidance on the selection of and settlements using the Superfund Alternative Approach to ensure consistency between the NPL sites and sites with SAA agreements.
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 AOCs in RI/FS.
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
Enforcement First at Superfund Sites: Negotiation and Enforcement Strategies for Remedial Investigation/Feasibility Studies (RI/FS)
Date: 08/09/2005
Memorandum confirms EPA's commitment for PRPs to conduct RI/FS wherever appropriate and encourages Regions to conduct early and thorough PRP searches.
Revised Policy on Performance of Risk Assessments During Remedial Investigation/Feasibility Studies (RI/FS) Conducted by Potentially Responsible Parties
Date: 01/26/1996
Memorandum reaffirms the Agency's commitment to allow PRPs to conduct risk assessments under proper circumstances as part of the overall RI/FS process.
Supplemental Guidance on Performing Risk Assessments in Remedial Investigation Feasibility Studies (RI/FSs) conducted by Potential Responsible Parties (PRPs), Oswer No. 9835.15a
Date: 07/02/1991
Memorandum and attached models provide additional guidance on implementing EPA's policy on PRP performance of the risk assessment component as part of an RI/FS. Memorandum was superseded by January 26, 1996 document.
Guidance on Oversight of Potentially Responsible Party Remedial Investigations and Feasibility Studies - Final, Volume 1
Date: 07/01/1991
Volume 1 addresses oversight of remedial investigations and feasibility studies (RI/FS) conducted by potentially responsible parties (PRPs) at enforcement-lead sites under CERCLA.
Guidance on Oversight of Potentially Responsible Party Remedial Investigations and Feasibility Studies - Final, Volume 2: Appendices
Date: 07/01/1991
Volume 2 describes oversight of sampling and analysis activity and of well-drilling and installation activity conducted during a remedial investigation (RI) by potentially responsible parties (PRPs).
Revisions to the Interim Guidance on PRP Participation in Remedial Investigations and Feasibility Studies
Date: 02/07/1989
Sets forth policies and procedures governing PRP participation in the RI/FS process including initiation of PRP searches, notification, development of agreements, and oversight of RI/FS activities.
Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA
Date: 10/01/1988
Guidance provides an overall understanding of the RI/FS process and describes the general procedures for conducting an RI/FS.
Revision History
01/28/2026
- Substantive changes to align with 8/8/2025 RD/RA CD updates
- ¶ 5 (Parties Bound): Revised to clarify that a modification under ¶ 88 is needed for EPA consent to both kinds of departures from these provisions. (“Unless EPA otherwise consents in a modification implemented under ¶ 88, Respondents’ obligations under this Settlement: (a) are not altered by any change in ownership or corporate or other legal status of any Respondent, including any transfer of assets, or by any Transfer of the Site or any portion thereof; and (b) cannot be assigned.”)
- Added FN 9 to Past Costs under 107(a): If EPA is incurring costs that are not within this definition, then supplement the definition to reference such costs.
- Added FN 14 to definition of “State” means the State [or Commonwealth] of ______.: Revised to add definition for State pollution control agency where applicable. (“Add a definition for the State pollution control agency if needed. If the State is a party and the State’s costs are being paid, add definitions for “State Past Response Costs” and “State Future Response Costs.””)
- Added FN 16 to definition of “Tribe” means the ___.: Revised to add consultation with the OSRE tribal contact under the OSRE Roles chart, and to clarify that both State and Tribe may be parties. (“If there is a tribe that has a role or interest at the Site, consult with the OSRE tribal contact under the OSRE Roles chart. If appropriate and authorized, add a definition for “Tribe” and replace “State” with “Tribe” or “State and the Tribe.””)
- ¶ 67.a (Covenants by Respondents): Added FN 32 to remind case team to add “State Future Costs” to the list of items covered by the covenant as appropriate (“If the State is participating: (i) substitute references to applicable provisions of State CERCLA and RCRA laws for the term “State law;” and (ii) add to this covenant, if applicable: “State Past Response Costs and State Future Response Costs.”)
- ¶ 74: In the clause that triggers the exception to the contribution protection afforded to Respondents, deleted reference to bringing a claim regarding NRD, since the contribution protection does not cover NRD, and so asserting a NRD claim should not be a trigger.
- ¶ 77: Deleted reference to CERCLA Section 113(f)(2) since that section does not address the U.S.’s right and added FN 39 (““Tribe” should not be included here as tribes are not included in section 113(f)(3).”).
- ¶ 81.a (Retention of Records): Moved FN 42 (“The case team has flexibility to add to this paragraph other categories of information that the agency wants the Respondent to retain during the Record Retention Period. Be specific about what the agency wants and consider proposals to exclude categories of ESI that may be inaccessible. Consult DOJ’s e-discovery office coordinator for advice regarding inaccessible ESI.”) and deleted FN 43 as duplicative.
- ¶ 81.c (Digitizing Paper Records): Added new paragraph giving Respondents the right to digitize their original paper records and then discard the paper originals.
- ¶ 84 (CBI Claims): Substituted “this Settlement” for “this Section” to clarify that CBI assertions can be made regarding any Record submitted under the decree and deleted FN 44 about use of term “records” as they are now only referred to as “Records.”
- ¶ 86 (Notices): Added text requiring name of person responsible for making past costs payment. Technical Changes to align with RD/RA CD updates
- Bracketed Settling Federal Agencies (SFAs) throughout to indicate the language should only be included where SFAs are participating.
- Added bracket to “and Name of Settling Federal Agency” on cover page
- ¶ 38.a (Indemnification): Deleted “or causes of action” after “claims,” to streamline
- ¶ 43 (Deposit of Payments): Added bracketed instruction on deleting cross-reference where SFAs are not participating.
- ¶¶ 69, 70, and 71.b.: Deleted “or causes of action” after “claims,” to streamline this redundant use of terms.
- ¶ 79 (Resondent Certification): Added “relating to the Site” after “requests for information” in (b) for clarity.
- ¶ 81 (Heading for Retention of Records Section): Deleted “and Information” since this paragraph only addresses retention of “Records.”
- ¶ 82 (Providing of Records to EPA): Deleted “and information” to conform with other corrections.
- ¶ 83.a (Privileged and Protected Claims): Added “under this Section” after “requested by EPA” for clarity.
- ¶¶ 83.a, 83.b, and 84 (Privileged and Protected Claims; CBI Claims): Capitalize “Records” throughout.
12/31/2024
- Updated and corrected external RI/FS SOW cross-references to conform with SOW revisions.
Moved editors’ notes from margin comments to footnotes for 508 compliance purposes.
12/31/2024
- Deleted margin comments.
- ¶ Added Footnotes 1-57.
Reinserted NRD section and paragraph and corrected cross-reference
04/10/2024
- New Section XII – Natural Resource Damages, paragraph 45 and comment bubble regarding NRD language for RI/FS AOC for Superfund Approach Agreements.
- ¶ 78 – corrected cross-reference in last sentence to add ¶ 93.
Updated payment instructions and minor formatting
03/16/2023
- ¶ 42.a – Replaced “SCORPIOS Report” with “e-Recovery Report” in periodical bills paragraph. Changed clause numbering from (i) – (iii) to (1) – (3).
- ¶ 42.b - Changed clause numbering from (i) – (ii) to (1) – (2).
Minor edits and typographical corrections
11/21/2022
- ¶ 42.a – Changed cross reference to ¶ 42.b in second sentence of paragraph.
- ¶ 64 – Added “Notwithstanding any other provisions of this Settlement,” to first sentence.
- ¶ 66.a - Added “or” before “Future Response Costs” in the last sentence.
- ¶ 73 – Update to the paragraph as follows:
- Deleted reference to “Settling Defendants” and changed to reference “Respondents.”
- Changed “will no longer” to “do not” in the last sentence.