Peripheral Party Settlements

This category includes guidance and policies related to settlements with parties who for equitable, financial or other reasons are not the primary focus of Superfund enforcement activities at the site. These parties are "peripheral players'' in the Superfund process who may be given the opportunity to settle early so as to reduce their transaction costs, provide them with a high degree of comfort, and create greater fairness in the Superfund program.

You will need Adobe Reader to view some of the files on this page. See EPA's About PDF page to learn more.

Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models - (9/26/14) Transmittal memorandum revises, for purposes of all EPA settlement models issued under CERCLA, certain language included in the March 16, 2009 “ARC Memo” and announces issuance of 13 revised CERCLA judicial and administrative settlement models and two documents containing ability to pay inserts for the de minimis contributor models. https://www.epa.gov/enforcement/guidance-revisions-2009-arc-memo-and-issuance-cercla-payment-models (PDF 382K)

Guidance on Administrative Response Cost Settlements under Section 122(h) of CERCLA and Administrative Cashout Settlements with Peripheral Parties under Section 122(h) of CERCLA and Attorney General Authority (Corrected Copy of 9/30/98) - (12/22/98) Cover memorandum circulating the corrected copy of Sept 30, 1998 Guidance on Administrative Response Cost Settlements under Section 122(h) of CERCLA and Administrative Cashout Settlements with Peripheral Parties under Section 122(h) of CERCLA and Attorney General Authority guidance document containing missing subsection II(C). Section III.B and Appendices A, B and C have been superseded by other documents. https://www.epa.gov/enforcement/guidance-superfund-settlements-administrative-response-cost-and-cashout-peripheral (PDF 959 KB)

General Policy on Superfund Ability to Pay Determinations - (9/30/97) Transmittal memorandum and policy document addressing general issues that apply to the ATP process and ATP settlements. http://www.epa.gov/enforcement/guidance-superfund-ability-pay-determinations (PDF 1618 K)

Top of page