Enforcement

RI/FS ASAOC

RI/FS ASAOC (.Doc/.Docx, 59 pp, 136 K)

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Model Information

09/19/2022

04/10/2024

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Document Overview

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 RI/FS ASAOC model document superseded by the 2022 model document.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 ="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.

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

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.

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