Round 2-9b: Risk Sharing -- Identifying Obstacles to Using Innovative Technology
This purpose of this reform is to develop programs to share implementation risks associated with the use of innovative cleanup technologies.
Following discussions with some members of the Response Action Contractor (RAC) community, EPA learned that the lack of indemnification for prime contractors is hampering the use of innovative technology. Prime contractors are unwilling to recommend innovative technologies for fear that they will be sued for negligence in not recording "tried and true" technologies.
Without i ndemnification, there is little incentive for the prime contractors to select an innovative technology. Furthermore, a prime contractor may choose not to t est an innovative technology if, again, there is fear of lawsuits if the technology does not perform as expected.
To address these concerns, EPA has expanded indemnification coverage to include both the prime contractor and the innovative technology contractor when indemnification is offered. Thus, both the technology vendor and the prime will be protected from third party negligence claims that may result from a pollution release.
Implementation of this reform is complete.
The Agency incorporated into the program lessons learned from this reform through the issuance of Promotion of Innovative Technologies in Waste Management Programs on April 29, 1996. This reform is now considered closed out and no further accomplishment information will be gathered.
EPA has expanded indemnification coverage to include both the prime contractor and the innovative technology contractor. The Agency's 1996 document, "Promotion of Innovative Technologies in Waste Management Programs" (see Documents below), discusses EPA policy on indemnification coverage and describes EPA initiatives to facilitate the testing, demonstration, and use of innovative cleanup and field measurement technologies.
NOTE: For related documents, see the Publications page of the TIO website.
Title: Promotion of Innovative Technologies in Waste Management Programs
Date: April 29, 1996
Document #: EPA 542-F-96-012, OSWER 9380.0-25
Synopsis: This directive describes EPA initiatives to facilitate the testing, demonstration, and use of innovative cleanup and field measurement technologies and stresses EPA's commitment to promoting environmental technology development and commercialization. It also discusses EPA policy on indemnification coverage for contractors involved with the use of innovative technology.