Appendix 19 Revised Model Administrative Order on Consent for Remedial Investigation and Feasibility Study

• Author: Allison Rumsey/Michael Daneker
• Pages: 551-597

Page 551

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

OFFICE OF

ENFORCEMENT AND

COMPLIANCE ASSURANCE

January 21, 2004

MEMORANDUM

SUBJECT: Issuance of “Revised Model Administrative Order on Consent for Remedial

Investigation and Feasibility Study”

FROM: Susan E. Bromm, Director /s/

Office of Site Remediation Enforcement

TO: Addressees

Attached is the “Revised Model Administrative Order on Consent for Remedial

Investigations and Feasibility Studies.” This model supersedes the “Model Administrative Order

on Consent for Remedial Investigation/Feasibility Study” issued on July 2, 1991 (OSWER

Directive No. 9835.3-2A), and is immediately effective.

The new model contains a number of revisions, which are generally designed to bring it

into conformance with more recently issued CERCLA guidance and models, including the July 9,

2001 “Revised Model Administrative Order on Consent for Removal Actions” and the June 15,

2001 “Model RD/RA Consent Decree.” The revisions include:

S optional language for RI/FS at Superfund Alternative Sites;

S updated special account creation language;

S updated work to be performed language that includes updated guidance document

references, provisions for PRPs to perform the risk assessment, provisions for

developing institutional controls alternatives and performing a reuse assessment

during the RI/FS;

S updated access to information language;

S several new sections including definitions, covenant not to sue by EPA,

contribution protection and EPA approval of plans and other submissions sections;

and

S updated covenant not to sue by Respondents language including recently-issued

non-exempt de micromis party and MSW waivers for use at non-NPL sites.

Regions should use this model as guidance when drafting and negotiating agreements to

perform remedial investigations and feasibility studies. We encourage CERCLA staff to

conform as closely as possible to the terms of these models, subject to modifications needed to

address site-specific circumstances.

Page 552 Superfund Deskbook

We would like to thank all EPA and DOJ staff who carefully reviewed and provided valuable

input into this document. If you have any questions about the model, please contact Tracy Sheppard of

the Regional Support Division at (202) 564-4785.

Attachment

Addresses:  Director, Office of Site Remediation and Restoration, Region I

Director, Emergency and Remedial Response Division, Region II

Director, Hazardous Site Cleanup Division, Region III

Director, Waste Management Division, Region IV

Directors, Superfund Division, Regions V, VI. VII and IX

Assistant Regional Administrator, Office of Ecosystems Protection and Remediation,

Region VIII

Director, Office of Environmental Cleanup, Region X

Director, Office of Environmental Stewardship, Region I

Director, Environmental Accountability Division, Region IV

Regional Counsel, Regions II, III, V, VI, VII, IX, and X

Assistant Regional Administrator, Office of Enforcement, Compliance, and Environmental

Justice, Region VIII

Office of Regional Counsel Branch Chiefs, Regions I-X

Superfund Program Branch Chiefs, Regions I-X

cc:  Mike Cook, Office of Superfund Remediation and Technology Innovation

Earl Salo, Office of General Counsel

Bruce S. Gelber, Environment and Natural Resources Division, U.S. Department of Justice

bcc:  Alan Carpien, OGC

Leslie Allen, EES/DOJ

Karen Dworkin, EES/DOJ

Joan Fisk, OSRTI

Revised Model Administrative Order on Consent for Remedial Investigation Page 553

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REVISED MODEL ADMINISTRATIVE ORDER ON CONSENT FOR

REMEDIAL INVESTIGATION / FEASIBILITY STUDY

[NOTE: This model is designed for settlements involving performance of remedial

investigations and feasibility studies under the Interim Final Guidance for Conducting

Remedial Investigations and Feasibility Studies under CERCLA” (OSWER Directive #

9355.3-01, October 1988).]

Date of Issuance: January 21, 2004

This model and any internal procedures adopted for its implementation and use are intended

solely as guidance for employees of the U.S. Environmental Protection Agency. They do not

constitute rulemaking by the Agency and may not be relied upon to create a right or benefit,

substantive or procedural, enforceable at law or in equity, by any person. The Agency may take

action at variance with this model or its internal implementing procedures.