Settlements-administrative

This category includes guidance, policies and models relating to CERCLA administrative orders. Administrative order are used by EPA to achieve many different things, from information and access, to investigating and cleaning up a site.

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Incorporating Sustainability Principles in Cleanup Enforcement Actions Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act - (9/29/23) Memorandum reinforces EPA’s positions on sustainability by encouraging cleanup enforcement staff to collaborate with their program office counterparts to incorporate applicable principles in CERCLA and RCRA cleanup enforcement work and includes a compendium of case examples and a resource library. https://www.epa.gov/enforcement/incorporating-sustainability-principles-cercla-and-rcra-cleanup-enforcement-actions (PDF 315K)

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 2022 Comprehensive Environmental Response, Compensation, and Liability Act Model Remedial Investigation/Feasibility Study Administrative Settlement and Order on Consent and Statement of Work - (9/19/22) Memorandum transmits the revised CERCLA Model RI/FS ASAOC and accompanying, newly-developed CERCLA RI/FS SOW for negotiating with PRPs for performance of RI/FS work at a Superfund site. https://www.epa.gov/enforcement/2022-cercla-rifs-asaoc-and-sow-model-documents (PDF 1,400K)

The Revitalization Handbook: Addressing Liability Concerns at Contaminated Properties (2022 Edition) - (8/11/22) The 2022 edition of The Revitalization Handbook summarizes the federal statutory provisions and EPA policy and guidance documents that address the potential liability concerns of parties involved in the cleanup and revitalization of contaminated sites. https://www.epa.gov/enforcement/revitalization-handbook (PDF 3,400K)

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)

Use of the "Look-First" Approach in Comprehensive Environmental Response, Compensation, and Liability Act Settlement Agreements Involving Third Parties - (1/16/20) Memorandum on the potential use of "look-first" provisions in settlement agreements with third parties under CERCLA. https://www.epa.gov/enforcement/use-look-first-approach-superfund-settlement-agreements-involving-third-parties (PDF 352K)

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

Agreement with Third-Parties to Support the Cleanup and Reuse at Sites on the Superfund National Priorities List - (4/17/18) Memorandum encourages Regions to consider more frequent use of site-specific agreements with third parties at sites on the Superfund National Priorities List. https://www.epa.gov/enforcement/third-party-agreements-support-cleanup-and-reuse-superfund-npl-sites (PDF 1201K)

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 Administrat - (9/29/16) Memorandum transmitting the revised RI/FS ASAOC and the new RI/FS UAO along with information on updated language incorporated into other model documents related to financial assurance and insurance. The 2016 model RI/FS ASAOC is superseded by the 2022 model RI/FS ASAOC. https://www.epa.gov/enforcement/guidance-2016-rifs-asaoc-and-uao (PDF 96K)

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)

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

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)

CERCLA Financial Assurance Sample Documents-Settlements - (4/6/15) Access to six sample CERCLA financial assurance documents for use in connection with settlement agreements: (1) trust agreement, (2) guarantee agreement, (3) financial test sample letters, (4) payment bond, (5) performance bond, and (6) letter of credit, are available in Word format from the Cleanup Enforcement Model Language and Sample Documents Database. Select the financial assurance-settlements link within the database to access each of the sample documents. https://cfpub.epa.gov/compliance/models/

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)

Clean Water Act § 402 National Pollutant Discharge Elimination System (NPDES) Permit Requirements for - (12/12/12) Memorandum describes two clarifications, one under CERCLA and one under the CWA to provide clarification regarding permit obligations for Good Samaritans. https://www.epa.gov/npdes/2012-good-samaritan-memorandum (PDF 1.71 K)

Questions and Answers: Clean Water Act § 402 National Pollutant Discharge Elimination System (NPDES) Permit Requirements for “Good Samaritans” at Orphan Mine Sites: December 12, 2012 - (12/12/12) Questions and Answers for the Clean Water Act § 402 National Pollutant Discharge Elimination System (NPDES) Permit Requirements for “Good Samaritans” at Orphan Mine Sites issued December 2012 https://www.epa.gov/npdes/2012-good-samaritan-memorandum (PDF 24K)

Transmittal of Updated Superfund Response and Settlement Approach for Sites Using the Superfund Alternative Approach (SAA Guidance) - (9/28/12) Transmittal memorandum and updated guidance on the selection of and settlements using the Superfund Alternative Approach to ensure consistency between the NPL sites and sites with SAA agreements. OSWER Directive No. 9200.2-125 https://www.epa.gov/enforcement/transmittal-memo-updated-superfund-response-and-settlement-approach-sites-using (PDF 401 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)

Interim Revisions to CERCLA Notice Letters and Update of Superfund and Small Waste Contributors Brochure to Notify Potential Settlors about Atlantic Research Corporation Decision - (4/30/08) Transmittal memorandum and six model documents and a brochure regarding contribution claims afforded by de minimis settlements after the Supreme Court's decision in Atlantice Research Corporation. https://www.epa.gov/enforcement/guidance-update-superfund-notice-letters-and-small-waste-contributors-brochure-based-arc (PDF 252 K)

Model Notice of Eligibility to Receive a De Minimis Party Settlement - (4/30/08) Model notice letter regarding eligibility to receive a de minimis party settlement. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=632 (PDF 46 K)

Model Notice Approving Reduction in Settlement Amount Based on Inability to Pay - (4/30/08) Model notice letter regarding approving reduction in settlement amount based on inability to pay. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=427 (PDF 48 K)

Model Notice Denying Reduction in Settlement Amount Based on Inability to Pay - (4/30/08) Model notice letter regarding denying reduction in settlement amount based on inability to pay. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=428 (PDF 43 K)

Sample General Notice Letter - (4/30/08) Sample model general notice letter to potentially responsible parties. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=394 (PDF 51 K)

Interim Guiding Principles for Good Samaritan Projects at Orphan Mine Sites and Transmittal of CERCLA Administrative Tools for Good Samaritans - (6/6/07) Memorandum intended to assist the Regions in the implementation of the Good Samaritan Initiative and focuses on administrative tools developed under CERCLA. https://www.epa.gov/enforcement/interim-guidance-cercla-administrative-tools-good-samaritans-orphan-mine-sites (PDF 160 K)

Model Good Samaritan Settlement Agreement and Order on Consent for Removal Actions at Orphan Mine Sites - (6/6/07) Model language for good samaritan settlement agreement and order on consent for removal actions at orphan mine sites. https://www.epa.gov/enforcement/interim-guidance-cercla-administrative-tools-good-samaritans-orphan-mine-sites (PDF 88 K)

Model Good Samaritan Comfort/Status Letter - (6/6/07) Model language for good samaritan initiative comfort/status letter is available from the Cleanup Enforcement Model Language and Sample Documents Database. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=736 (PDF 16 K)

Good Samaritan Administrative Tools - Fact Sheet - (6/6/07) Fact Sheet on the interim administrative tools for the Good Samaritan Initiative. https://www.epa.gov/enforcement/fact-sheet-good-samaritan-administrative-tools

Additional Guidance on Prepayment of Oversight Costs and Special Accounts - (12/22/06) Memorandum provides additional guidance on the prepayment of oversight costs discussed in the October 4, 2002 "Consolidated Guidance on the Establishment, Management and Use of CERCLA Special Accounts" ("Consolidated Guidance"). Attaches sample settlement language for the prepayment of oversight costs. https://www.epa.gov/enforcement/guidance-prepayment-oversight-costs-and-special-accounts (PDF 116 K)

Interim Guidance on the Ability to Pay and De Minimis Revisions to CERCLA Section 122g by the Small Business Liability Relief and Brownfields Revitalization Act - (5/17/04) Guidance document and four model notice documents on ability to pay and de minimis revisions to CERCLA 122(g) under the 2002 Brownfields Amendments https://www.epa.gov/enforcement/guidance-ability-pay-and-de-minimis-revisions-cercla-section-122g (PDF 150 K)

Model Notice of Ineligibility to Receive a De Minimis Party Settlement - (5/17/04) Attachment C to Interim Guidance on the Ability to Pay and De Minimis Revisions to CERCLA 122(g) by the 2002 Brownfields Amendments http://www2.epa.gov/enforcement/model-notice-ineligibility-receive-de-minimis-party-settlement (PDF 24 K)

Issuance of Revised Model CERCLA Section 122(g)(4) De Minimis Contributor Consent Decree and Administrative Order on Consent and New Model Ability to Pay Provisions for Use in De Minimis Settlements (Cover Memo and All Attachments) - (8/12/03) Cover memorandum and four attachments containing model language for de minimis settlement consent decrees and/or administrative orders and ability to pay provisions in de minimis settlements for ability to pay and non-ability to pay parties. https://www.epa.gov/enforcement/issuance-revised-model-cercla-section-122g4-de-minimis-contributor-consent-decree-and (PDF 814 K)

Superfund Accounts Receivable: Collection Actions for Delinquent Accounts - (8/20/02) This guidance supersedes the Agency's interim guidance titled Delinquent Accounts Receivable: Interim Guidance on the Referral Process and Timing for Collection of Delinquent Debts Arising under Superfund Judicial or Administrative Settlements. https://www.epa.gov/enforcement/guidance-collection-actions-delinquent-superfund-accounts (PDF 1260 K)

CERCLA Future Response Costs: Settlement, Billing and Collection - (6/20/02) This memorandum addresses some of the most common issues that arise with the billing and collection of future response costs. https://www.epa.gov/enforcement/guidance-cercla-future-response-costs-settlement-billing-and-collection (PDF 189 K)

Model Language Relating to Orphan Share Compensation Through the Compromise of Future Oversight Costs - (9/28/00) Memo suggests model language for inclusion in future remedial design, remedial action consent decrees and removal action administrative orders that provide orphan share compensation. https://www.epa.gov/enforcement/guidance-orphan-share-compensation-through-compromise-future-oversight-costs-model (PDF 238K)

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)

Transmittal of Addendum to the Interim CERCLA Settlement Policy Issued on December 5, 1984 - (9/30/97) Transmittal memorandum and addendum to the "Interim CERCLA Settlement Policy" issued on December 5, 1984 that provides the Regions with direction for addressing potential compromises of CERCLA cost recovery claims due to the existence of a significant orphan share. https://www.epa.gov/enforcement/guidance-cercla-settlement-policy-interim (PDF 18 K)

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)

Defining Matters Addressed in CERCLA Settlements - (3/14/97) Memorandum describes the principles applied in defining "matters addressed" and the application of these principles to the most common types of CERCLA settlements. https://www.epa.gov/enforcement/guidance-defining-matters-addressed-cercla-settlements (PDF 28 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)

Overview of Ability To Pay Guidance And Models - (5/1/95) Identifies and briefly describes documents that are relevant to Superfund ability to pay ("ATP") analyses. https://www.epa.gov/enforcement/guidance-ability-pay (PDF 451K)

Developing Allocations Among Potentially Responsible Parties for the Costs of Superfund Site Cleanups - (10/1/94) Serves to assist EPA and the parties paying these costs in examining settlement options that are fair and minimize transaction costs at Superfund sites https://www.epa.gov/enforcement/developing-allocations-among-potentially-responsible-parties-costs-superfund-site (PDF 900K)

Interim Guidance on Settlements with De Minimis Waste Contributors under Section 122(g) of SARA - (6/19/87) Memorandum providing interim guidance for determining which PRPs qualify for treatment as de minimis waste contributors under section 122(g)(1) (A) of CERCLA. https://www.epa.gov/enforcement/guidance-superfund-settlements-de-minimis-waste-contributors (PDF 83 K)

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