Enforcement

RD/RA Consent Decree

RD/RA CD (.Doc/.Docx, 41 pp, 193 K)

Model Information

08/31/2021

04/14/2022

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This streamlined model is for use by EPA and DOJ staff when negotiating remedial design/remedial action (RD/RA) judicial consent decrees with potentially responsible parties (PRPs) under sections 106, 107 and 122 of CERCLA. It is designed to be used in conjunction with the RD/RA Statement of Work (SOW).

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 RD/RA CD from its previous version.

Remedial Design/Remedial Action Statement of Work
Date: 08/31/2021
The RD/RA SOW 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

Issuance of Revised Model Administrative Settlement Agreement and Order on Consent for Remedial Design and New Remedial Design Statement of Work
Date: 09/29/2016
Transmittal memorandum announcing the issuance of the revised Remedial Design (RD) model administrative settlement agreement and order on consent (ASAOC) and the RD state of work (SOW) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) along with information on other minor language updates to be incorporated into other models.

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 RI/FS ASAOC and the new RI/FS UAO along with information on updated language incorporated into other model documents, including the RD/RA CD, related to financial assurance and insurance.

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.

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.

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.

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.

Revision History

Update/recertification of model macros and minor edits
04/14/2022

  • Update to document macros
    • Certification for the model macros has been extended through August 2023.
    • The following provisions are now visible by default for easier review and made hidden by using the macros provisions.
      • ¶¶ 41.a. 41.b, 41.c, 41.f (prepayment),
      • Section 11 (Disbursement of Special Account Funds),
      • Superfund Alternative Site provisions - ¶ 77 (De Micromis waiver) and ¶ 78 (MSW Waiver),
      • All provisions when the state is participating in the consent decree,
      • All provisions when the Settling Federal Agency is participating, and
      • All provisions for an Operable Unit settlement.
  • Revised layout and presentation of the content
    • Whereas clauses are now numbered and are in a new “Background” Section (Section 1).
    • All optional and alternative text is identified with red brackets. Many pieces of such text is denoted with an abbreviation or acronym that identifies the purpose of the text.
  • Switched order of ¶¶ 72.i and 72.j.
  • ¶¶ 32, 40, 41.e, 57, 60, 65 – Deleted “in accordance with the paragraph _” after “notify EPA.”

Updated Future Response Costs definition and grammatical fixes
09/28/2021

  • “Future Response Costs” definition - omitted sentence for ATSDR cost. Any ATSDR costs incurred in connection with implementation of the remedy are already covered by definition’s language. While there is a theoretical possibility that ATSDR costs may be incurred in the future at the Site not in connection with implementation of the remedy, that is a vanishingly small possibility for which we do not need “model” language.
  • ¶ 53 - fixed a comma and a semicolon.
  • ¶ 65 - deleted “if” before (iii) in penultimate sentence.

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