Guidance: Revisions to 2009 ARC Memo and Issuance of CERCLA Payment Models

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. The attachments comprise all of the CERCLA models in which the primary form of consideration to be provided by potentially responsible parties (PRPs) is a "payment," rather than performance of cleanup action. The memorandum contains an Appendix highlighting the key substantive changes being made to each model document. Issued 9/26/2014.

The models referenced in the transmittal memorandum are available in Word format from the new Cleanup Enforcement Model Language and Sample Documents Database, and include:

• Past Cost Recovery Models (Consent Decree and Settlement Agreement)
• Peripheral Party Models (Consent Decree and Settlement Agreement for Ability to Pay and Non-Ability to Pay Cashout Contexts)
• De Minimis and De Micromis Contributor Models (Consent Decrees and Administrative Settlement Agreement and Orders on Consent) (along with separate ability to pay inserts for de minimis contributor settlements)
• De Minimis Landowner Models (Consent Decree and Administrative Settlement Agreement and Order on Consent)
• Municipal Solid Waste Generator/Transporter Consent Decree

The transmittal memorandum and appendix are available in PDF below. 

• Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models (pdf) (1.4 MB, 09/26/2014)