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A PRP can settle with EPA under a payment agreement for a variety of reasons: to reimburse the Agency for money it spent for cleanup work at a site or pay to fund cleanup work that will be done by others. Consent Decree: Issue final portion of the risk and technology review for the air toxics standards for the wool fiberglass manufacturing source category by 12/15/2017. The most common agreements are for: A judicial consent decree is the only settlement type that EPA can use for the final cleanup phase (remedial action) at a Superfund site. Download the Document in MS Word Format:RD/RA CD Further guidance on peripheral party cashouts is contained in Part II (B) (3) of 12/22/1998 Section 122 (h) Guidance available below. Memorandum announcing the issuance of 15 model documents that comprise all of the CERCLA model documents in which the primary form of consideration to be provided by potentially responsible parties (PRPs) is a payment, rather than performance of response action, and that the Agency is revising, for purposes of all EPA settlement models issued under CERCLA, certain language included in the March 16, 2009 ARC Memo., Updated payment and electronic notice requirements 03/15/2023, Updated payment language and made minor formatting changes throughout the document 12/10/2020, Conforming changes and formatting 02/02/2017, Typographical error and formatting updates 09/22/2015. The following provisions are now visible by default for easier review and made hidden by using the macros provisions. The 12 subgroups are known as Emission Modification Categories 1 - 12, or EMCs 1 - 12. Each AEM includes a Daimler-developed software repair and a hardware upgrade. United States Environmental Protection Agency, Issuance of 2021 Comprehensive Environmental Response, Compensation, and Liability Act Model Remedial Design/Remedial Action Consent Decree and Statement of Work, Remedial Design/Remedial Action Statement of Work, Issuance of Revised Model Administrative Settlement Agreement and Order on Consent for Remedial Design and New Remedial Design Statement of Work, 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 Administrative Orders, Consideration of Greener Cleanup Activities in the Superfund Cleanup Process, Issuance of CERCLA Financial Assurance Guidance, Updated and New Sample Mechanisms, and Model Language Provisions for Unilateral Administrative Orders, Transmittal of Model Geospatial Data and Electronic Submission of Deliverables Language for Inclusion in CERCLA Statements of Work, Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models, Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites, Interim Guidance: Providing Communities with Opportunities for Independent Technical Assistance in Superfund Settlements, 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. The principal settlement agreements used by EPA to get Superfund sites cleaned up are referred to as Work agreements. EPA will negotiate an agreement (in the form of an administrative settlement or judicial consent decree) with a PRP that formalizes the work that will be done at a site and other requirements that PRPs must follow, including those related to community involvement during the cleanup. A .gov website belongs to an official government organization in the United States. Rick Rothman By selling approximately 250,000 diesel vehicles that contain undisclosed AECDs and one or more defeat devices, Daimler violated important provisions of Section 203 the Clean Air Act. Document provides recommended language for modifying the September 26, 2014 de minimis contributor ASAOC and CD when settling with some de minimis ability to pay parties in accordance with Section 122(g)(7) of CERCLA and some non-ability to pay de minimis parties. Minor formatting updates throughout document. Issued 8/31/2021. Remedial action (RA) follows the remedial design phase. Turn it on to take full advantage of this site, then refresh the page. Share sensitive information only on official, secure websites. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. This testing will be performed prior to certification, which will enable the EPA to take the PEMS results into account in making new-vehicle certification decisions. All new fund-financed remedies are reviewed by EPAs National Risk-Based Priority Panel. Daimler must install an AEM in at least 85% of the U.S. passenger car vehicle fleet (National Passenger Car Emission Modification Program (EMP) Rate) by two years from the Effective Date of the CD or two years from approval of the last-submitted passenger vehicle EMC, whichever is later. To implement an effective, well-coordinated program, all participants must be made aware of each partys health and safety roles and responsibilities. Payment agreements include: Cost recovery: these agreements are for those instances when EPA has spent or is spending Superfund money at a site to: conduct an investigation regarding the nature of the contamination, design a cleanup plan, or do the cleanup work. Share sensitive information only on official, secure websites. There are separate California EMP Rates under the consent decree for Passenger Cars and Sprinters registered in California. (302.52 KB), Cleanup Enforcement Model Language and Sample Documents Database, Remedial Design/Remedial Action Consent Decree (CD), Remedial Design/Remedial Action Statement of Work (SOW), National Enforcement and Compliance Initiatives, Enforcement and Compliance Annual Results for FY 2022. The agencies will approve the remaining updates (EMCs 5 - 8) in a staggered fashion through 2021, based on their review of Daimlers proposed updates and emissions test results demonstrating that each update will ensure the relevant vehicles comply with applicable emission standards. Contact Us to ask a question, provide feedback, or report a problem. Please click here to see any active alerts. An official website of the United States government. Date: 12/04/2012 While there is a theoretical possibility that ATSDR costs may be incurred in the future at the Site not in connection with implementation of the remedy, that is a vanishingly small possibility for which we do not need model language. (7 pp, Exit. If you have questions or would like more information on the issues discussed in this LawFlash, please contact any of the following Morgan Lewis lawyers: Los Angeles Updated payment and electronic notice requirements 03/15/2023, Updated payment language and made minor formatting changes throughout the document 03/31/2021. In addition to these statutory protections, EPA uses site-specific enforcement tools to facilitate the acquisition and reuse of properties when perceived liability continues to be an obstacle. (.Doc/.Docx, 36 pp, Updated the model to correct typographical errors associated with the word settling and minor formatting updates. Supporting Documents The enforcement document that routinely takes the longest to negotiate and finalize is the remedial design/remedial action (RD/RA) consent decree (CD). All rights reserved. Date: 09/30/1993 A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Remedial action (RA) follows the remedial design phase. A Superfund cleanup enforcement agreement is either an administrative settlement or a judicial consent decree. Date: 08/31/2021 EPA Updates Model Remedial Design/Remedial Action Consent Decree and Statement of Work September 13, 2021 The updated model of the remedial design/remedial action consent decree and statement of work seeks to streamline and quicken CERCLA settlement negotiations and address environmental justice concerns of Superfund sites in impacted communities. Supporting Documents Issuance of 2021 Comprehensive Environmental Response, Compensation, and Liability Act Model Remedial Design/Remedial Action Consent Decree and Statement of Work (pdf) The guidance supplements earlier guidance for de minimis waste contributor settlements and establishes the minimum level of information necessary before a Region can consider a de minimis settlement, as well as provides a methodology to construct payment matrices in appropriate circumstances, and encourages Regions to take a more active role in facilitating de minimis settlement. Daimler must also conduct additional testing in the coming years to demonstrate to EPA and CARB that the vehicles continue to meet emission standards over their full useful life. 21-71306 (9th Cir.) EPA alleged that Daimler installed undisclosed software functions and defeat devices in approximately 250,000 light and medium-duty diesel vehicles (passenger cars and Sprinter vans, model years 2009-2016). Transmittal of Model Geospatial Data and Electronic Submission of Deliverables Language for Inclusion in CERCLA Statements of Work The EPA has since worked with Atlantic Richfield and other interested parties to develop and implement remedial plans, which are expected to be completed by about 2025 (although ongoing monitoring activities will take place indefinitely into the future). This model is for use by EPA and DOJ staff when negotiating a remedial design/remedial action (RD/RA) consent decree statement of work (SOW). Remedial Design/Remedial Action Statement of Work After that, there can be another 60-days or more for EPA and the PRP to negotiate a settlement. For information related to Build America, Buy America Act applicability see: The complexity of site cleanup activities and coordination among the many parties involved can make it challenging to administer a health and safety program. It should be used in conjunction with the RD/RA judicial consent decree (CD). OSWER Directive No. CERCLA removed USC citation, added as amended, EPA - removed and its successor departments, agencies, or instrumentalities. The model language is for use in CERCLA judicial and administrative settlements and unilateral administrative orders that provide for performance of response actions. Added email address for SFAs notice. This streamlined model is for use by EPA and DOJ staff when negotiating remedial design/remedial action (RD/RA) judicial consent decrees with potentially responsible parties (PRPs) under sections 106, 107 and 122 of CERCLA. The model language is for use in CERCLA judicial and administrative settlements and unilateral administrative orders that provide for performance of response actions. (1.38 MB, 08/31/2021), Overview of Key Changes From 2020 Version of the Model RD/RA Consent Decree to the 2021 Version (pdf) Communications Strategy for Settlements with Small Volume Waste Contributors August 2021 1 EPA and DOJ last issued a Revised RD/RA Model CD and SOW in 2014. Daimler will be liable for stipulated penalties in the unlikely event that one or more AEMs do not meet the applicable emission standards, and any excess NOxemissions from this noncompliance will be covered by the federal mitigation project required under the consent decree (CD). 5 - Revised payment language to streamline payment instruction to only allow for payment via https://www.pay.gov. This handbook provides remedial project managers (RPMs) with an overview of the RD and RA processes. It should be most useful at federal-lead sites where the Superfund Trust Fund is financing the RD or RA. Interim Guidance on Settlements with De Minimis Waste Contributors under Section 122(g) of SARA 151K), For more information regarding MS Word, visit All provisions when the state is participating in the consent decree, All provisions when the Settling Federal Agency is participating, and. The updated model of the remedial design/remedial action consent decree and statement of work seeks to streamline and quicken CERCLA settlement negotiations and address environmental justice concerns of Superfund sites in impacted communities. For more information on the National Capacity Assessment Report and past documents see. An official website of the United States government. Added address after email for State and Settling Defendants contact information. On this page: Center for Biological Diversity v. EPA and FWS, No. Document provides recommended language for modifying the September 26, 2014 de minimis contributor ASAOC and CD when settling with de minimis ability to pay parties in accordance with Section 122(g)(7) of CERCLA. Date: 06/02/1992 For other information related to RD/RA see: Remedial design (RD) is the phase in Superfund site cleanup where the technical specifications for cleanup remedies and technologies are designed. Searching by document title or Superfund terms will generate a table of relevant results. 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 site investigation (remedial investigation and feasibility study), short-term clean up (removal action), and. For example, EPA may enter a site-specific settlement agreement with a party who is not liable for contamination at the property but who is willing to perform cleanup work on the property. Date: 08/31/2021 This settlement resolves the complaint filed by the United States Department of Justice, on behalf of EPA. The transmittal memorandum includes the all visible text version of both the RD/RA CD and RD/RA SOW model documents, and an overview of changes made to the models. of Housing & Urban Development (HUD), Federal Superfund Interest Letter for CERCLA 107(r) Windfall Liens, General Notice Letter for Superfund Alternative Approach Site, Financial Test: Sample CFO and CPA Letters (Alternative Tests 1 and 2), Transfer Memorandum of Understanding Model, Petition for Enforcement of EPA Administrative Subpoena, Subpoena Duces Tecum and Subpoena Ad Testificandum, Non-Exempt De Micromis Party Administrative Settlement Agreement and Order on Consent (CERCLA 122(g)(4)), Non-Exempt De Micromis Party Consent Decree (CERCLA 122(g)(4)), De Minimis Contributor Administrative Settlement Agreement and Order on Consent (CERCLA 122(g)(4)), De Minimis Contributor Consent Decree (CERCLA 122(g)(4)), De Minimis Landowner Administrative Settlement Agreement and Order on Consent (CERCLA 122(g)(4)), De Minimis Landowner Consent Decree (CERCLA 122(g)(4)), First Point of Contact Letter for Use with De Minimis Parties, Municipal Solid Waste Generator/Transporter Consent Decree. Date: 07/30/1993 Defendants are Daimler AG and Mercedes-Benz USA, LLC. Transmittal memorandum announcing the issuance of a revised, streamlined RD/RA CD and RD/RA SOW. Secure .gov websites use HTTPS An official website of the United States government. Download the Document in MS Word Format:RD/RA CD SOW The SOW sets forth the procedures and requirements for implementing the remedial design and the remedial action for the PRPs cleanup work at the site. The 2021 model RD/RA CD and SOW became effective on August 31, 2021, and all future RD/RA CDs will use the new model. Microsoft's Word Viewer download page. Updated URL of Superfund Interest Rate Web page in Interest definition of model. It is designed to be used in conjunction with the RD/RA Statement of Work (SOW). 9834.14. Remedial design (RD) is the phase in Superfund site cleanup where the technical specifications for cleanup remedies and technologies are designed. A new feature with both models is the use of macros to allow the user to implement, with a few keystrokes, most changes to customize the model documents for particular circumstances. PRP then have 60-days to respond with a good faith offer to do the cleanup work or pay for it. Date: 09/29/2014 Children, older adults, people who are active outdoors (including outdoor workers), and people with heart or lung disease are particularly at risk for health effects related to smog or soot exposure. JavaScript appears to be disabled on this computer. 78K), For more information regarding MS Word, visit To navigate to the current EPA website, please go to www.epa.gov. Date: 03/16/2009 EPA developed these community involvement provisions to better address community concerns, especially those communities potentially disproportionately impacted by environmental pollution. Daimler also will implement a program to mitigate excess pollution from these vehicles. may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law or in equity, by any person. Contact Us to ask a question, provide feedback, or report a problem. This website is historical material reflecting the EPA website as it existed on January 19, 2021. Transmittal memorandum announcing the issuance of a revised, streamlined RD/RA CD and RD/RA SOW. Document Overview Model contains the basic legal and factual provisions necessary for a de minimis contributor consent decree under section 122(g)(1)(A) of CERCLA. Transmittal memorandum announcing the issuance of the revised Remedial Design (RD) model administrative settlement agreement and order on consent (ASAOC) and the RD state of work (SOW) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) along with information on other minor language updates to be incorporated into other models.

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