Removal Policies & Models

This category includes guidance, policies and models relating to having potentially responsible parties (PRPs) undertake removal actions at Superfund sites.

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Issuance of the 2022 Model Administrative Settlement Agreement for Removal Action - (9/29/22) Transmittal memorandum attaching a revised and streamlined administrative settlement agreement and order on consent for negotiating removal actions with potentially responsible parties at Superfund sites. https://www.epa.gov/enforcement/2022-removal-action-model-asaoc (PDF)

Issuance of the 2022 Model Administrative Settlement Agreement for Removal Action by Prospective Purchaser - (8/10/22) Memorandum announcing the revised model administrative settlement agreement for removal action by prospective purchaser for negotiating settlements when a prospective purchaser agrees to perform a removal action under CERCLA. https://www.epa.gov/enforcement/2022-cercla-ppa-removal-action-model-document (PDF 1,327K)

Consideration of Greener Cleanup Activities in the Superfund Cleanup Process - (8/2/16) Jointly issued 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. http://semspub.epa.gov/src/document/11/100000160 (PDF 3,595K)

Issuance of Revised Model Administrative Settlement Agreement and Order on Consent and Unilateral Administrative Order for for Removal Actions - (9/30/15) Memorandum transmits two revised model language documents for removal actions under CERCLA. https://www.epa.gov/enforcement/guidance-issuance-2015-removal-uao-and-asaoc-models

Checklist of Information to Include for Consultation on Time-Critical Removal Actions by the Office of Site Remediation Enforcement - (7/8/15) Memorandum and checklist to expedite consultation on time-critical removal actions. https://www.epa.gov/enforcement/checklist-consultation-time-critical-removal-actions

Guidance on Financial Assurance in Superfund Settlement Agreements and Unilateral Administrative Orders - (4/6/15) Memorandum transmits guidance, model language, and sample documents that address financial assurance requirements in Superfund cleanup settlement agreements and unilateral administrative orders. https://www.epa.gov/enforcement/guidance-financial-assurance-superfund-settlements-and-orders (PDF 498K)

Transmittal of Model Geospatial Data and Electronic Submission of Deliverables Language for Inclusion in CERCLA Statements of Work - (9/29/14) Transmittal memorandum and model geospatial data language for inclusion in CERCLA statement of work (SOW) documents. https://www.epa.gov/enforcement/guidance-model-geospatial-data-language-use-cercla-sows (PDF 2 MB)

Timing and Procedures for Review of Certain Time-Critical Removal Actions by EPA Headquarters Offices - (2/26/13) Memorandum addresses circumstances when regional offices should consult with EPA HQ regarding time critical removal actions. https://www.epa.gov/enforcement/guidance-hq-review-certain-time-critical-removal-actions-timing-and-procedures (PDF 205 K)

Enforcement First for Removal Actions - (8/4/11) Memorandum addresses enforcement first policy for removal actions. https://www.epa.gov/enforcement/guidance-enforcement-first-removal-actions (PDF 251K)

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 - (3/16/09) Memorandum issuing interim revisions to the judicial and administrative settlement models issued under CERCLA to clarify certain contribution rights and protection from claims and certain other language following Supreme Court's decisions. https://www.epa.gov/enforcement/model-interim-revisions-superfund-settlement-models-clarify-contribution-rights-and (PDF 84 K)

Issuance of CERCLA Model Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser - (11/27/06) Transmittal memorandum and CERCLA model agreement and order on consent for removal action by a bona fide prospective purchaser (BFPP). https://www.epa.gov/enforcement/guidance-model-bfpp-agreement-removal-action (PDF 242 K)

CERCLA Model Agreement and Order on Consent for Removal Action by Bona Fide Prospective Purchaser - (11/27/06) CERCLA Model Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser (BFPP). https://www.epa.gov/enforcement/guidance-model-bfpp-agreement-removal-action (PDF 201 K)

Use of Non-Time-Critical Removal Authority in Superfund Response Actions - (2/14/00) Memo summarizes the pertinent NCP criteria and guidance to be considered in determining whether the use of remedial or removal authority is most appropriate in a given case. Oswer No. 9360.0-40P. http://semspub.epa.gov/src/document/11/129447 (PDF 311KB)

Interim Guidance on Orphan Share Compensation for Settlors of Remedial Design/Remedial Action and Non-Time-Critical Removals - (6/3/96) Memorandum provides Regions with direction for providing orphan share compensation in settlements with PRPs. https://www.epa.gov/enforcement/guidance-orphan-share-compensation-rdra-and-non-time-critical-removal-settlors (PDF 437 KB)

Off-site Rule Implementation - (9/27/93) Memorandum transmits fact sheets, brochures and the final rule regarding Procedures for Planning and Implementing Off-site Response Actions (Off-site Rule) under CERCLA § 122(d)(3). https://www.epa.gov/enforcement/guidance-site-rule-implementation (PDF 2400K)

Guidance on Conducting Non-Time-Critical Removals Under CERCLA - (8/6/93) Transmital memo and Guidance on the appropriate use of non-time-critical removal authority under Superfund and the development of Engineering Evaluation/Cost Analysis (EE/CA) reports and approval memos. http://semspub.epa.gov/src/document/11/122068 (PDF 2,923 K)

Policy on Management of Post-Removal Site Control - (12/3/90) Transmits OSWER policy on management of post-removal site control for Fund-financed removal activities and communicating decisions to states on the use of institutional controls. http://nepis.epa.gov/Exe/ZyNET.exe/9100UHNE.TXT?ZyActionD=ZyDocument&Client=EPA&Index=1986+Thru+1990&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQField

Issuance of Administrative Orders for Immediate Removal Actions - (2/21/84) Sets forth guidance on issuing administrative orders for immediate removal actions under CERCLA. https://www.epa.gov/enforcement/guidance-issuing-administrative-orders-immediate-removal-actions (PDF 692 KB)

Guidance Memorandum on Use and Issuance of Administrative Orders Under Section 106(a) of CERCLA - (9/8/83) Guidance Memorandum on Use and Issuance of Administrative Orders Under Section 106(a) of CERCLA, OSWER Dir. No. 9833.0. Superseded in part by 3/7/90 guidance on CERCLA 106(a) UAO for RD/RA. https://www.epa.gov/enforcement/guidance-using-and-issuing-superfund-section-106a-administrative-orders (PDF 1,154K)

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