Remedial Design/Remedial Action (RD/RA) Policies and Models

This category includes a broad range of documents related to EPA's settlements with, and orders to, potentially responsible parties (PRPs) to conduct the cleanup phase of site work, known as remedial design and remedial action (RD/RA).

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Update to 2019 “Remedial Design/Remedial Action: Process for Expediting Negotiations and PRP Cleanup Starts” – 300-Day Meeting Requirement - (6/15/23) Memorandum updates the “2019 Remedial Design/Remedial Action: Process for Expediting Negotiations and PRP Cleanup Starts” memorandum to address consultation requirements for Regions with EPA Headquarters regarding remedial design/remedial action (RD/RA) negotiation timelines. https://www.epa.gov/enforcement/update-2019-rdra-process-expediting-negotiations-and-prp-cleanup-starts (PDF 236 KK)

Issuance of 2021 Comprehensive Environmental Response, Compensation, and Liability Act Model Remedial Design/Remedial Action Consent Decree and Statement of Work - (8/31/21) Transmittal memorandum announcing issuance of the 2021 model remedial design/remedial action (RD/RA) consent decree and model RD/RA statement of work (SOW) documents along with an overview of the changes from the previous version of the model RD/RA CD to the the 2021 model document. https://www.epa.gov/enforcement/2021-cercla-rdra-cd-and-sow-model-documents (PDF 1,451K)

2019 Remedial Design/Remedial Action: Process for Expediting Negotiations and PRP Cleanup Starts - (6/20/19) Memorandum encourages Regions to plan for and promptly obtain PRP commitments to initiate cleanup actions following remedy selection https://www.epa.gov/enforcement/guidance-rdra-process-expediting-negotiations-and-prp-cleanup-starts (PDF 680K)

Superfund Task Force Recommendation 20 : Workgroup Findings and Recommendations - (11/7/18) Memorandum provides the Superfund Task Force (SFTF) Recommendation 20 workgroup's findings and recommendations on opportunities to engage independent third parties to oversee certain aspects of potentially responsible party (PRP) lead cleanups at Superfund sites. https://www.epa.gov/enforcement/sftf-report-recommendation-20-findings-third-party-oversight-aspects-prp-lead-cleanups

Bifurcating Remedial Design and Remedial Action to Accelerate Remedial Design Starts at PRP-Lead Superfund Sites - (6/21/18) Memorandum to the Regions regarding Recommendation 12 of the Superfund Task Force Report on a discrete strategy that Regions can use to expedite Superfund settlements and accelerate remedial design starts at PRP-lead Superfund Sites https://www.epa.gov/enforcement/bifurcating-rdra-accelerate-remedial-design-starts-prp-lead-superfund-sites

CWA/CERCLA Site Specific Sample Memorandum of Understanding - (11/21/17) The sample memorandum of understanding (MOU) was created to provide a template to facilitiate collaboration among EPA, states, and federally-recognized Indian tribes, as well as other federal agencies. Given that roles and responsibilities under the Clean Water Act (CWA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) often are shared by these different entities, the close collaboration can be crucial when addressing contaminated sediments and their associated waters. https://www.epa.gov/enforcement/cwacercla-site-specific-sample-memorandum-understanding (PDF 536K)

Issuance of Revised Model Administrative Settlement Agreement and Order on Consent for Remedial Design and New Remedial Design Statement of Work - (9/29/16) 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). https://www.epa.gov/enforcement/2016-remedial-design-asaoc-and-sow-models (PDF 749K)

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)

Minor Updates to Property Requirements and other Provisions of the 2014 CERCLA Model Remedial Design/Remedial Action Consent Decree - (9/30/15) Memorandum specifies the updates made to Section VIII (Property Requirements) and other minor modifications to the September 29, 2014 version of the model Remedial Design/Remedial Action Consent Decree (RD/RA) under CERCLA https://www.epa.gov/enforcement/memorandum-updates-model-cercla-rdra-cd-property-requirements-and-other-provisions (PDF 1,000K)

Issuance of Revised Model Remedial Design/Remedial Action Unilateral Administrative Order and New Statement of Work - (9/30/15) Transmittal memorandum announcing the issuance of the revised model RD/RA Unilateral Administrative Order (UAO) and the new model RD/RA UAO Statement of Work (SOW). The transmittal memorandum also announces updates to the RD/RA Consent Decree (CD) SOW, originally issued on 9/29/14, to conform to the new UAO SOW. https://www.epa.gov/enforcement/guidance-2015-cercla-rdra-uao-and-sow

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)

Promoting Water, Superfund and Enforcement Collaboration on Contaminated Sediments - (2/12/15) Memorandum from the Assistant Administrators for Water, Enforcement, and Solid Waste and Emergency Response, encourages improvements in communication, coordination, and collaboration among the three program offices when addressing contaminated sediments. http://semspub.epa.gov/src/document/11/720523 (PDF 1098K)

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)

Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites - (12/4/12) 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. https://semspub.epa.gov/src/document/HQ/175446 (PDF 451K)

Institutional Controls: A Guide to Preparing Institutional Control Implementation and Assurance Plans at Contaminated Sites - (12/4/12) Guidance to the EPA Regions for developing Institutional Control Implementation and Assurance Plans (ICIAPs) at contaminated sites where the response action includes an institutional controls (ICs) component. An ICIAP is a document designed to systematically: (a) establish and document the activities associated with implementing and ensuring the long-term stewardship of ICs: and (b) specify the persons and/or organizations that will be responsible for conducting these activities. https://semspub.epa.gov/src/document/HQ/175449 (PDF 159K)

Final Implementation of the National Strategy to Manage Post Construction Completion Activities at Superfund Sites - (2/16/12) Summarizes the results of the Post-Construction Completion (PCC) Strategy, which was implemented from 2005 to 2011. EPA closed out the PCC Strategy with this final report since the elements of the PCC Strategy have become EPA’s way of doing business for the Superfund program. http://semspub.epa.gov/src/document/HQ/174124

Interim Guidance: Providing Communities with Opportunities for Independent Technical Assistance in Superfund Settlements - (9/3/09) Transmittal memorandum and six attachments provide guidance on Technical Assistance Plan (TAP) provisions in Superfund settlements. Six Attachments include: model TAP language for AOCs for RI/FS and CDs for RD/RA using Superfund Alternative Approach; Sample language for TAP language in settlement SOW; FAQs about TAPs; Sample application by community group for TAP; Sample langague for PRP TAP; and Sample directive by Community Group for specific tasks by Technical Advisor https://www.epa.gov/enforcement/interim-guidance-opportunities-independent-technical-assistance-superfund-settlements (PDF 375 K)

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)

Institutional Controls Bibliography: Institutional Controls, Remedy Selection, and Post-Construction Completion Guidance and Policy - (12/1/05) Reference document, providing citations and brief synopses for policy guidelines concerning the use of institutional controls. https://semspub.epa.gov/src/document/HQ/175442 (PDF 108 K)

National Strategy to Manage Post Construction Completion Activities at Superfund Sites - (10/12/05) The Post Construction Completion National Strategy assures that CERCLA remedies continue to protect human health and the environment over the long term. Final report issued 2/16/2012. http://semspub.epa.gov/src/document/HQ/174761 (PDF 240 K)

Institutional Controls: A Citizen's Guide to Understanding Institutional Controls at Superfund, Brownfields, Federal Facilities, Underground Storage Tanks, and Resource Conservation and Recovery Act Cleanups - (2/1/05) Fact Sheet provides community members with general information about the role of institutional controls (ICs) in Superfund, Brownfields, Federal Facilities, Underground Storage Tanks (UST) and Resource Conservation and Recovery Act (RCRA) cleanups occurring in their neighborhoods. https://semspub.epa.gov/src/document/HQ/175444 (PDF 98 K)

Enforcement First for Remedial Action at Superfund Sites - (9/20/02) Request RAs to re-double their attention to ensure the continued implementation of the "enforcement first" policy at Superfund sites in their Regions. https://www.epa.gov/enforcement/guidance-enforcement-first-remedial-action-superfund-sites (PDF 115 K)

Transmittal Memorandum for Institutional Controls: A Site Managers Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups - (9/29/00) Transmittal memorandum and fact sheet intended to provide Superfund and RCRA site managers and other decision makers with an overview of the types of institutional controls that are commonly available. OSWER Dir. No. 9355.0-74FS-P. https://semspub.epa.gov/src/document/HQ/175447 (PDF 96K)

Regional Trends in Remedy Changes (Final Report) - (10/7/99) Transmittal memorandum and the 8/99 final report on Regional Trends in Remedy Changes at the national and regional levels. https://www.epa.gov/enforcement/report-regional-trends-remedy-changes-final (PDF 247KB)

Negotiation and Enforcement Strategies to Achieve Timely Settlement and Implementation of Remedial Design/Remedial Action at Superfund Sites - (6/17/99) Memorandum recommends strategies that can be used to encourage PRPs to enter into a settlement using the model remedial design/remedial action (RD/RA) consent decree and discusses the current model language unilateral administrative order (UAO). Also suggests practical alternatives to expedite Superfund settlements and the cleanup process. https://www.epa.gov/enforcement/guidance-strategies-achieve-timely-settlement-and-implementation-rdra-superfund-sites (PDF 50 K)

DOJ Letter to EPA - Agreement on Procedures to Address Consent Decree Payments by Federal PRPs to the Superfund - (12/28/98) Letter from DOJ to EPA confirming agreement on federal PRP payments to the Superfund. Previously attached to superseded 1998 revisions to RD/RA model. https://www.epa.gov/enforcement/memorandum-agreement-process-concerning-payments-federal-prps-superfund (PDF 1.64 K)

Revised Model Notice Language for Compliance with Public Participation Requirements of Section 7003(d) of RCRA - (10/30/96) Memorandum updates instructions for formatting and obtaining publication of the EPA Federal Register notices and to make minor modifications to the notices themselves from 8/16/95 superseded memorandum. https://www.epa.gov/enforcement/guidance-model-language-compliance-public-participation-requirements-under-rcra-section (PDF 79 K)

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)

Answers to Comments Submitted After the Superfund ROD is Signed - (10/11/95) Memorandum addresses the Agency's responsibility for responding to comments submitted after the Superfund Record of Decision (ROD) is signed and the comment period has closed. https://www.epa.gov/enforcement/guidance-responding-comments-after-rod-signed (PDF 98 K)

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)

Accelerating Potentially Responsible Party Remedial Design Starts: Implementing the 30-Day Study - (4/2/92) Memorandum implements a recommendation of the 30-day study concerning accelerating Remedial Design starts. OSWER No. 9835.4-2b. https://www.epa.gov/enforcement/guidance-accelerating-prp-remedial-design-starts (PDF 244KB)

Limiting Lead Transfers to Private Parties During Discrete Phases of the Remedial Process - (11/14/91) Memorandum addresses lead transfers to private parties during discrete phases of the remedial process. OSWER No. 9800.1-01. https://www.epa.gov/enforcement/guidance-limiting-lead-transfers-private-parties-during-discrete-phases-cleanup-process (PDF 17KB)

Evaluation of, and Additional Guidance on, Issuance of Unilateral Administrative Orders (UAOs) for RD/RA - (6/20/91) Memorandum presents results of evaluation of the selection process EPA uses in issuing UAOs to Potentially Responsible Parties (PRPs) for RD/RA under CERCLA. OSWER Dir. 9833.2c https://www.epa.gov/enforcement/guidance-issuing-uaos-rdra-evaluation-and-guidance (PDF 314 K)

Guidance on CERCLA Section 106(a) Unilateral Administrative Orders for Remedial Designs and Remedial Actions - (3/7/90) Guidance encourages use of CERCLA 106(a) unilateral administrative orders for remedial designs and remedial actions. OSWER Dir. No. 9833.0-1a. https://www.epa.gov/enforcement/guidance-cercla-section-106a-uaos-rdras (PDF 1830 KB)

Initiation of PRP-financed Remedial Design in Advance of Consent Decree Entry - (11/18/88) Memorandum addresses process for expediting the initiation of response work by PRPs at sites where agreements with PRPs have been reached and where PRPs will agree to begin remedial design work promptly, but where a consent decree has not been entered by the court. https://www.epa.gov/enforcement/guidance-initiating-prp-financed-rd-advance-consent-decree-entry (PDF 278 KB)

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