Enforcement

Superfund Cleanup Subject Listing

Remedial Investigation/Feasibility Study (RI/FS) Policies and Models

This category includes a broad range of documents related to EPA's agreements with, and orders to, potentially responsible parties (PRPs) to conduct the investigative phase of the necessary site work. The investigative phase is most commonly known as the remedial investigation and feasibility study (RI/FS) phase.

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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)
Affirmation of the EPA’s Policy of Enforcement First for Remedial Investigation/Feasibility Studies (RI/FS) at Superfund Sites - (4/30/21)
Memorandum provides clarification to address circumstances when the EPA Regions should consult with the Office of Site Remediation Enforcement (OSRE) prior to committing Fund dollars to pay for a remedial investigation/feasibility study (RI/FS) project expected to exceed $2 million.
https://www.epa.gov/enforcement/affirming-epa-enforcement-first-policy-rifs-superfund-sites (PDF 314K)
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 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)
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)
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)
Promoting Enforcement First for Remedial Investigation / Feasibility Studies at Superfund Sites - (3/20/12)
Memorandum reaffirms EPA's commitment to having potentially responsible parties conduct RI/FS at Superfund sites whenever appropriate.
https://www.epa.gov/enforcement/guidance-promoting-enforcement-first-rifs-superfund-sites (PDF 385 K)
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)
Enforcement First at Superfund Sites: Negotiation and Enforcement Strategies for Remedial Investigation/Feasibility Studies (RI/FS) - (8/9/05)
Memorandum confirms EPA's commitment for PRPs to conduct RI/FS wherever appropriate and encourages Regions to conduct early and thorough PRP searches.
https://www.epa.gov/enforcement/guidance-enforcement-first-superfund-sites-negotiation-and-enforcement-strategies-rifs (PDF 62 K)
Revised Language (QA/QC) for the Model Statement of Work for RI/FS - (8/1/01)
Revised QA/QC provisions for the Model Administrative Order Consent (AOC) for Remedial Investigation/Feasibility Study (RI/FS)
https://www.epa.gov/enforcement/model-provisions-qaqc-language-model-statement-work-rifs (PDF 21K)
Revised Policy on Performance of Risk Assessments During Remedial Investigation/Feasibility Studies (RI/FS) Conducted by Potentially Responsible Parties - (1/26/96)
Memorandum reaffirms the Agency's commitment to allow PRPs to conduct risk assessments under proper circumstances as part of the overal RI/FS process. OSWER Directive 9835.15c. This memorandum does not address the model documents attached to the 1991 policy document on the same matter.
http://semspub.epa.gov/src/document/HQ/176093 (PDF 188K)
Supplemental Guidance on Performing Risk Assessments in Remedial Investigation Feasibility Studies (RI/FSs) conducted by Potential Responsible Parties (PRPs), Oswer No. 9835.15a - (7/2/91)
Memorandum and attached models provide additional guidance on implementing EPA's policy on PRP performance of the risk assessment component as part of an RI/FS. Memorandum was superseded by January 26, 1996 document. Oswer No. 9835.15a
https://www.epa.gov/enforcement/guidance-prp-performance-risk-assessments-rifs (PDF 5107 KB)
Guidance on Oversight of Potentially Responsible Party Remedial Investigations and Feasibility Studies - Final, Volume 1 - (7/1/91)
Volume 1 addresses oversight of remedial investigations and feasibility studies (RI/FS) conducted by potentially responsible parties (PRPs) at enforcement-lead sites under CERCLA, OSWER Dir. No. 9835.1(c), dated July 1, 1991
https://www.epa.gov/enforcement/guidance-oversight-prp-rifs-volumes-1-and-2 (PDF 451KB)
Guidance on Oversight of Potentially Responsible Party Remedial Investigations and Feasibility Studies - Final, Volume 2: Appendices - (7/1/91)
Volume 2 describes oversight of sampling and analysis activity and of well-drilling and installation activity conducted during a remedial investigation (RI) by potentially responsible parties (PRPs), OSWER Dir. 9835.1(c), dated 7/1/1991
https://www.epa.gov/enforcement/guidance-oversight-prp-rifs-volumes-1-and-2 (PDF 402 KB)
Revisions to the Interim Guidance on PRP Participation in Remedial Investigations and Feasability Studies - (2/7/89)
Sets forth policies and procedures governing PRP participation in the RI/FS process including initiation of PRP searches, notification, development of agreements, and oversight of RI/FS activities.
https://www.epa.gov/enforcement/guidance-prp-participation-rifs (PDF 2,035K)

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