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Enforcement

Guidance: Orphan Share Compensation for RD/RA and Non-Time-Critical Removal Settlors

Interim guidance provides the Regions with further direction to address orphan share compensation in Superfund settlements. Issued 6/3/1996.

The guidance makes clear that, where EPA determines that there is a share which may be equitably attributed to parties who are involvent or defunct (i.e., orphan share), and which would ordinarily be allocated to viable potentially responsible parties (PRPs) under principles of joint and several liability, EPA intends to consider this factor in its assessment of the federal compromise it provides in settlement. The guidance is part of the Agency's commitment to reform Superfund and make the program faster, fairer and more efficient. 

An orphan share reform fact sheet was issued 6/4/1996.

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