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Enforcement

Guidance: Ability to Pay and De Minimis Revisions to CERCLA Section 122(g) by 2002 Brownfield Amendments

Interim guidance discusses existing policy regarding ability to pay (ATP) and de minimis parties and the amendments to section 122(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund) as it was amended by the 2002 Brownfields Amendments. Issued 5/17/2004.

The original transmittal document included four model notice letter documents addressing de minimis and inability to pay issues as Appendices A - D.  Appendices A, B, and D were updated by the 4/30/2008 updated guidance and model notices letters memorandum.

Appendix C to this document, the model notice of ineligibility to receive a de minimis party settlement is still the current model document.

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