Document Overview

The 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).
NOTE: A streamlined, macro enabled version of the model RD/RA CD is available by request for EPA and DOJ attorneys. Please email "osre-models-help@epa.gov" to have the macro-enabled model sent to you.

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 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

08/08/2025

• FN 18 – Moved to proper location by “[“Tribe” means the ___.].” Previously, incorrectly located by “Transfer.”
• FN 35 – New footnote added to reflect DOJ Executive office’s new policy regarding the tracking of payments under our consent decrees.
• Subsequent footnotes renumbered accordingly.

List of Technical Changes
07/16/2025

• ¶ 14 (Parties Bound): Revised to clarify that a modification under ¶ 96 is needed for U.S. consent to both kinds of departures from these provisions. (“Unless the United States consents in a modification implemented under ¶ 96, Settling Defendants’ obligations under this Decree: (a) are not altered by any change in ownership or corporate or other legal status of any Settling Defendant, including any transfer of assets, or by any Transfer of the Site or any portion thereof; and (b) cannot be assigned.”)
• FN 18 (“Tribe” definition): 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.”)
• ¶ 27.a (Notice to Successors): Added limiting clause “who is the record owner” since only the record owner can record the notice.
• ¶¶ 72.c, d, and e: Added language to clarify scope of reservation.
• ¶ 74.a (Settling Defendants’ Covenant not to Sue United States): Edited former footnote 64 to remind case team to add “State Future Costs” to the list of items covered by the covenant as appropriate.
• ¶ 74.b (Settling Defendants’ Covenant not to Seek Reimbursement from the Fund): Deleted clause “State Past Response Costs, State Future Response Costs, Settling Defendants’ Past Response Costs, and Settling Defendants’ Future Response Costs” as these cost items cannot be recovered from the Fund.
• ¶ 82 (Reservation to Contribution Protection Provision): In the clause that triggers the exception to the contribution protection afforded to Settling Defendants, 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.
• Former FN 75 to ¶ 82: Edited to make consistent with revised wording of ¶ 82.
• ¶ 85 (U.S. right to pursue third parties): Deleted reference to CERCLA Section 113(f)(2) since that section does not address the U.S.’s right.
• FN 75: Added ““Tribe” should not be included here as tribes are not included in section 113(f)(3).”
• ¶ 88.d (Digitizing Paper Records): Added new paragraph giving Settling Defendants the right to digitize their original paper records and then discard the paper originals.
• ¶ 91 (Asserting CBI): Substituted “this Decree” for “this Section” to clarify that CBI assertions can be made regarding any Record submitted under the decree.
• ¶ 94 (Notices): Added text requiring name of person responsible for making past costs payment.
• FN 79 (Appendices): Added “Do not attach the ROD if its definition includes its internet link.”

Technical Update
07/25/2024

• ¶ Revised the instruction for updating the cross references in model RD/RA CD and SOW.

List of Technical Changes
04/29/2024

• A complete list of the technical changes to the model RD/RA CD in the April 29, 2024 version. See entry below for specific information related to "cause of action" language updates.

Updates to
04/29/2024

• Deleted redundant use of “cause of action” in several provisions through the consent decree (¶¶ 38, 74.a, 75, 76, 77 (3x), 78.b (3x)
• For example, “Settling Defendants covenant not to sue and shall not assert any claim or cause of action against Plaintiff …”
• “Cause of actions” means “a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party.”
• “Claim” means “a set of operative facts creating a right enforceable in court. Though generally synonymous with cause of action, "claim" is slightly broader because it captures not only wrongs with standard names (e.g., battery), but also newly created rights that lack standardized names.”
• If one uses “claim” in a sentence, that also encompasses “causes of action.” So “cause of action” used with “claim” is redundant. We propose to use only “claim” throughout the CD and drop “cause of action.”

Technical update
08/11/2023

• Uploaded recertified macro enabled version of the model document

Minor correction to comment bubble
06/26/2023

• ¶ 44 - updated comment bubble to correct titles of reference EPA documents.

Updated payment instructions and minor formatting in ¶ 41
03/16/2023

• ¶ 41.d – Replaced “SCORPIOS Report” with “e-Recovery Report” in periodical bills paragraph. Changed clause numbering from (i) – (iii) to (1) – (3).
• ¶ 41.e – Changed clause numbering from (i) and (ii) to (1) and (2).

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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