EPA CERCLA Memoranda, Guidance And Policy Documents

EPA has issued numerous informal guidance documents, policies and memoranda which explain how the agency will administer and enforce various aspects of the CERCLA program. This page provides electronic links to some of the more useful documents. For a more complete list of the guidance documents, policies and memoranda issued by EPA under the CERCLA program, you should visit the document web site for the EPA Office of Site Remediation at: http://es.epa.gov/oeca/osre/osredoc.html


Policy on Issuing Notice Letters [ http://es.epa.gov/oeca/osre/841012.html]  This document describes the circumstances when EPA will issue notice of liability letters to PRPs.

Model Notice Letters [ http://es.epa.gov/oeca/osre/960726.html] This document contains the forms of notice letters used by EPA.

Policy on Releasing Information To PRPs [ http://es.epa.gov/oeca/osre/900301.html]  This document provides guidance on when EPA shall disclose information about other PRPs at a site.

Guidance on Preparing Volumetric Rankings of PRPs [ http://es.epa.gov/oeca/osre/910222.html]  This policy explains when it is appropriate for EPA to compile and disclose to PRPs a lists of PRPs according to the volume of waste sent to a site.

Guidance on Orphan Share Funding for Settling PRPs [ http://es.epa.gov/oeca/osre/960603-2.html]  This policy explains when EPA shall provide funding to pay for the shares of defunct or bankrupt PRPs.

Policy on Ability to Pay Determinations [ http://es.epa.gov/oeca/osre/970930-4.html]  This policy describes the circumstances when EPA may agree to make settlements based on financial hardships.

Policy for Ensuring that PRPs Comply With Their CERCLA Obligations [ http://es.epa.gov/oeca/osre/981103-2.html]  This policy sets forth guidelines that EPA regional offices should use to ensure that PRPs timely meet the obligations they have agreed to perform under a CERCLA settlement.

EPA Guidance on Cash-Out Settlements
[ http://es.epa.gov/oeca/osre/980930-1.ht ml ]  This document establishes the eligibility criteria that EPA will use for allowing PRPs to make cash settlements to resolve their CERCLA liability.

Policy On Using Settlement Funds to Pay For Response Actions at a Site
[ http://es.epa.gov/oeca/osre/981103-1.ht ml ]  This policy sets forth the conditions under which funds received from cash-out PRPs may be used to help pay for the costs of a cleanup being performed by other PRPs at a site.

Guidance for Adding Contribution Action Waivers to CERCLA Consent Decrees (CD) and Administrative Orders on Consent (AOCs)
[ http://es.epa.gov/oeca/osre/981002.html]  To ensure that generators who sent small quantities of municipal waste or sludge to a site are kept out of the lengthy CERCLA process, this guidance provides for the inclusion of a waiver of contribution rights by settling PRPs in CDs and AOCs.

Scope of the Petroleum Exclusion [ http://es.epa.gov/oeca/osre/870731.html]  CERCLA excludes petroleum from the definition of hazardous substances. This memorandum discusses EPA's official interpretation on the scope of the petroleum exclusion and the circumstances under which some petroleum products might fall outside the exclusion.

Successor Liability [ http://es.epa.gov/oeca/osre/840613.html]  This memorandum discusses the legal theory that EPA employs for imposing CERCLA liability on successor corporations.

Lender Liability Policy [ http://es.epa.gov/oeca/osre/970630.html]  CERCLA contains an exemption from liability for lenders who have indicia of ownership in contaminated property for the purposes of protecting a security interest and who do not participate in the management of a business. This guidance document contains EPA's interpretation of the scope of the secured creditor's exemption and sets forth the kinds of activities that banks can follow without losing their immunity from liability.

Policy on Comfort Letters
[ http://es.epa.gov/oeca/osre/961108.h tml ]  To help facilitate the development of contaminated properties, EPA may issue comfort letters to parties to a transaction. This document describes the kinds of letters EPA will issue and the circumstances when EPA may issue a comfort letter.

Policy on Municipalities who Acquire Title Through Tax Foreclosure
[ http://es.epa.gov/oeca/osre/951020.html]  This policy discusses EPA's interpretation of the exemption for municipalities who acquire title to contaminated property through tax foreclosure.

Policy Toward Owners of Property With Contaminated Aquifers
[ http://es.epa.gov/oeca/osre/951020.html]  This policy describes the circumstances when EPA will not hold owners of property liable when groundwater beneath their site has been contaminated from an off-site source.

Prospective Purchaser Agreements [ http://es.epa.gov/oeca/osre/950524-2.html]  To facilitate the redevelopment of contaminated property, EPA may enter into agreements with prospective purchasers which limit the liability of those future owners of the property. This policy sets forth the criteria EPA will evaluate when deciding whether to enter into a prospective purchaser agreement.

1992 De Minimis Settlement Policy [ http://es.epa.gov/oeca/osre/920701.html]  1993 Policy for Streamlining De Minimis Settlements [ http://es.epa.gov/oeca/osre/930730-1.html] Establishing Standardizes De Minimis Settlement Premiums [ http://es.epa.gov/oeca/osre/950707.html] Guidance on DeMicromis Settlements
[ http://es.epa.gov/oeca/osre/960 603-1.pdf ]  In negotiating CERCLA settlements, PRPs who are responsible for only modest amounts of waste at a site often incur transactional costs (i.e., lawyers, administrative expenses and other expert fees) the exceed their actual CERCLA liability. One way to
minimize transactional costs to these so-called de minimis PRPs is to allow them to enter into settlements early in the CERCLA process. These EPA policies set forth the criteria that EPA will use for identifying de minimis PRPs and also establish the procedures EPA will use to effectuate early settlement with these PRPs.

1984 Guidance for Issuing Unilateral Administrative Orders for Removal Actions [ http://es.epa.gov/oeca/osre/840221.html] 1989 Guidance on section 106 Judicial Actions [ http://es.epa.gov/oeca/osre/890224.html] 1990 Guidance on Issuing Unilateral Administrative Orders for Remedial Design and Remedial Actions (RD/RA) [ http://es.epa.gov/oeca/osre/900307.html]  1991 Policy on Issuing Unilateral Orders to PRPs for RD/RA[ http://es.epa.gov/oeca/osre/910620.h tml] 1996 Memorandum for Documenting Reasons for Not Issuing UAOs to all PRPs [ http://es.epa.gov/oeca/osre/910620.html]  Section 106 authorizes EPA to issue Unilateral Administrative Orders (UAOs) to PRPs when releases of hazardous substances pose an imminent and substantial endangerment. Failure to comply with these UAOs may result in severe penalties and treble damages. These policies explain the circumstances when EPA may issue UAOs.

Guidance for Submitting Reimbursement Petitions Under Section 106(b) [ http://www.epa.gov/docs/fedrgstr/EPA-WAST E/1996/October/Day-25/pr-739.html ]  This document sets forth the criteria and procedures for parties to seeking reimbursement of their cleanups from the Superfund.

EPA Guidance of Participating in Bankruptcy Cases [ http://es.epa.gov/oeca/osre/9709301.html]  This memorandum discusses when EPA may become involved in bankruptcy cases to ensure that the cleanup liabilities of debtors are effectively addressed by a bankruptcy court.

Coordinating State and federal Efforts in Cost Recover Litigation
[ http://es.epa.gov/oeca/osre/830829.html]  This documents establishes procedures to assure that EPA and states coordinate their actions when seeking to recover cleanup costs from PRPs.

Guidance on Documenting When Not to Pursue Cost Recovery [ http://es.epa.gov/oeca/osre/880607.html]

Cost Recovery where Site Costs Do Not Exceed $200,000 [ http://es.epa.gov/oeca/osre/950426.html]  These documents discuss situations when EPA may elect not to pursue cost recovery against PRPs.

Guidance on Superfund Liens [ http://es.epa.gov/oeca/osre/930729.html]  Supplemental Guidance on Liens [ http://es.epa.gov/oeca/osre/930729.html]  CERCLA allows the EPA to impose a non-priority lien on property where the agency has performed response actions. These policies set forth the EPA policy on exercising its lien authorities and procedures the EPA will use when imposing these liens.

Policy Towards Owners of Residential Properties at Superfund Sites
[ http://es.epa.gov/oeca/osre/910703.html]  The document describes EPA's enforcement policy towards owners of residential property that is located on
a Superfund site.