JavaScript appears to be disabled on this computer. While the revisions simplify and reduce redundancies in several sections, including dispute resolution, payment of response costs, and property requirements, we will see if the previously slow negotiations were the result of excess words, the substance of the provisions, or otherwise. Also, the workgroup developed new environmental justice provisions for the SOW, seeking to align these with EPA Administrator Michael Regans prioritization of EPAs commitment to the protection of environmental justice and Executive Order 14008, Tackling the Climate Crisis at Home and Aboard: Securing Environmental Justice and Spurring Economic Opportunity. It is not a conventional engineering manual. The database provides information on supporting policy and guidance documents for each model and provides the revision history for any updates to a model after it is issued. In August 1995, EPA established a National Risk-Based Priority Panel of program experts to evaluate the risk at National Priorities List sites with respect to human health and the environment. Learn More about Negotiating Superfund Settlements: Cleanup Enforcement Model Language and Sample Documents database, Superfund Cleanup Enforcement Policy and Guidance documents database, Settlement Agreements with Prospective Purchasers and Other Third Parties, Addressing Liability Concerns to Support Cleanup and Reuse of Contaminated Lands website, Incentives for Negotiating Superfund Settlements, Financial Assurance in Superfund Settlements, Superfund Alternative Approach Sites with Superfund Alternative Approach Agreements, Addressing Liability Concerns to Support Cleanup and Land Reuse, National Enforcement and Compliance Initiatives, Enforcement and Compliance Annual Results for FY 2022. For each percentage point by which Daimler falls short of the National Passenger Car EMP Rate, Daimler must pay a civil penalty of $6,445,600 to the United States. As part of the certification process, automakers are required to disclose and explain any functions, known as auxiliary emission control devices (AECDs), that can alter how a vehicle emits air pollution. 11.c Updated payment instructions for stipulated penalties in second sentence to add after pay.gov URL using the EPA Miscellaneous Payments Cincinnati Finance Center link, including references to the Site/Spill ID and DJ numbers listed in and deleted in accordance with the procedures under. Of that amount, the company will pay $743,750,000 to the United States and $131,250,000 to CARB. EPA is committed to strengthening efforts to reach settlements with PRPs and believes that settlements are most likely to occur when EPA interacts frequently with PRPs. Future Response Costs definition - omitted sentence for ATSDR cost. 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. Interim Guidance: Providing Communities with Opportunities for Independent Technical Assistance in Superfund Settlements (7 pp, A Added as amended after CERCLA and removed USC citation, EPA removed and its successor departments, agencies, or instrumentalities. Issuance of CERCLA Financial Assurance Guidance, Updated and New Sample Mechanisms, and Model Language Provisions for Unilateral Administrative Orders 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 RD/RA CD from its previous version. Nitrogen dioxide formed by NOx emissions can aggravate respiratory diseases, particularly asthma, and may also contribute to asthma development in children. Brianna Iddings Mattox The model language is for use in CERCLA judicial and administrative settlements and unilateral administrative orders that provide for performance of response actions. Please click here to see any active alerts. The US Environmental Protection Agency (EPA) has long relied on model documents to facilitate the cleanup of sites under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Memorandum transmits model language and provides guidance on technical assistance plan (TAP) provisions in Superfund settlements, including model TAP language for ASAOCs in RDs and other model language documents. Stephanie Feingold Updated CERCLA definition to add U.S.C. 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. Updated payment and electronic notice requirements 03/15/2023, Updated payment language and made minor formatting changes throughout the document 03/31/2021. Additional information on Superfund enforcement negotiation process and settlement and orders is available from the Superfund Cleanup Enforcement Policy and Guidance documents database. The model RD/RA CD is used by the U.S. Environmental Protection Agency (EPA) and Department of Justice (DOJ) staff when negotiating RD/RA judicial consent decrees with potentially responsible parties (PRPs) under sections 106, 107, and 122 of CERCLA. 78K), For more information regarding MS Word, visit Statement of work model documents are available on the SOW category in the Cleanup Enforcement Model Language and Sample Documents database. All new fund-financed remedies are reviewed by EPAs National Risk-Based Priority Panel. Exit. Section 11 (Disbursement of Special Account Funds). A .gov website belongs to an official government organization in the United States. Date: 09/29/2016 Additional Information on ICs: Additional policy and guidance documents related to institutional controls is available from the Institutional Controls subject category of the Superfund Enforcement Policy and Guidance Database. PRP then have 60-days to respond with a good faith offer to do the cleanup work or pay for it. 44 - updated comment bubble to correct titles of reference EPA documents. (.Doc/.Docx, 41 pp, 5 Changed payment requirement to Fedwire Electronic Funds Transfer (EFT) and deleted pay.gov URL. 2.2(d) - Community Impact Mitigation Plan changed to Community Impacts Mitigation Plan and validated sampling changed to invalidated sampling., 4.8(a) - Construction Specifications Institutes MasterFormat 2012 changed to Construction Specifications Institutes MasterFormat [2020 or a later edition]., 8.7(f) - Community Impact Mitigation Plan changed to Community Impacts Mitigation Plan., 11.1(aa) - Construction Specifications Institutes MasterFormat [specify current edition] changed to Construction Specifications Institutes MasterFormat [specify 2020 or a later edition].. Transmittal of Model Geospatial Data and Electronic Submission of Deliverables Language for Inclusion in CERCLA Statements of Work solely as guidance for employees of the U.S. Environmental Protection Agency. Many pieces of such text is denoted with an abbreviation or acronym that identifies the purpose of the text. Download the Document in MS Word Format:De Minimis Contributor CD It should be most useful at federal-lead sites where the Superfund Trust Fund is financing the RD or RA. It should be used in conjunction with the RD/RA judicial consent decree (CD). 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. The overall purpose of the letter is to provide the PRP with advance notice of possible future negotiations with the Agency and to open the lines of communication between EPA and a PRP. Defendants are Daimler AG and Mercedes-Benz USA, LLC. 21-71306 (9th Cir.) Document Overview 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. It is designed to be used in conjunction with the RD/RA SOW, which is the technical attachment to the CD. The Act requires vehicle manufacturers to demonstrate to EPA through a certification process that their products meet applicable federal emission standards to control air pollution. Date: 04/06/2015 Transmittal memorandum announcing the issuance of a revised, streamlined RD/RA CD and RD/RA SOW. It is designed to be used in conjunction with the RD/RA Statement of Work (SOW). Updated URL of Superfund Interest Rate Web page in Interest definition of model. In addition, the Clean Air Act makes it a violation to manufacture, sell, offer to sell, or install defeat devices. 151K), For more information regarding MS Word, visit Daimler AG is a publicly-held German corporation with its headquarters in Stuttgart, Germany. Please click here to see any active alerts. Exit. Changed clause numbering from (i) (iii) to (1) (3). Interim Guidance on the Ability to Pay and De Minimis Revisions to CERCLA Section 122g by the Small Business Liability Relief and Brownfields Revitalization Act Upon Effective Date of Consent Decree(March 9, 2021), Upon Effective Date of Consent Decree(March 9, 2021), (These vehicles have copper catalysts already installed), Upon Effective Date of the Consent Decree(March 9, 2021), Expected to be available on or around February 2022, after approval, Expected to be available on or around January 2022, after approval, Expected to be available on or around April 2022, after approval. Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites 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. On January 19, 2021, the Plaintiffs filed a complaint pursuant to the SDWA alleging failure of the Administrator to issue revisions to EPA's consumer confidence report regulations by October 23, 2020. Share sensitive information only on official, secure websites. Issued 8/31/2021. Microsoft's Word Viewer download page. Download the Document in MS Word Format:RD/RA CD SOW Methodologies for Implementation of CERCLA Section l22(g) (1) (A) - Minimis Waste Contributor Settlements On this page: Remedial Design and Remedial Action 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. Tackling the Climate Crisis at Home and Aboard: Securing Environmental Justice and Spurring Economic Opportunity, EPA Updates Model Remedial Design/Remedial Action Consent Decree and Statement of Work. In selecting locomotives, Daimler shall preferentially repower those that are likely to run long distances to geographically diverse locations across the continental United States, except that Defendants shall not be required to repower locomotives located in or traveling to California because there is a separate mitigation program in California. See EPAs, Transmittal of Model Consent Decree for CERCLA Section 104(e) Information Request Enforcement Actions (PDF). It should be used in conjunction with the RD/RA judicial consent decree (CD). Daimler must implement a program to fully mitigate the lifetime excess NOx emissions from the vehicles it sold in violation of the Clean Air Act. The term work agreement is used to cover a variety of settlements that involve the PRP doing the work instead of EPA. Ability to Pay Provisions for Use in De Minimis Settlements with Ability to Pay Parties Only The following provisions are now visible by default for easier review and made hidden by using the macros provisions. Date: 09/26/2014 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. Contact Us to ask a question, provide feedback, or report a problem. Transmittal memorandum and model language document for use by the Regions when developing a consent decree associated with a section 104(e) information request enforcement action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund). To navigate to the current EPA website, please go to www.epa.gov. JavaScript appears to be disabled on this computer. Date: 09/26/2014 Laurie Matthews. Date: 08/31/2021 In 2014, EPA and the DOJ issued an updated model RD/RA CD and SOW. 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. Memorandum provides interim guidance for determining which PRPs qualify for treatment as de minimis waste contributors. The SOW is the technical attachment to the CD, which sets forth the procedures and requirements for implementing the remedial action under the CD. Added address after email for State and Settling Defendants contact information. 5 - Revised payment language to streamline payment instruction to only allow for payment via https://www.pay.gov. 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. NOx includes harmful air pollutants linked to cardiac and respiratory disease. The Subject Vehicles consist of both passenger cars and Sprinter vans, commonly used in commercial applications. Transmittal memorandum and model geospatial data and electronic submission of deliverables language for inclusion in CERCLA SOW documents. Which type of agreement the Agency uses to negotiate a settlement agreement depends on whether the PRP is: performing the cleanup work at a site; paying for cleanup work to be done by EPA or another party; repaying the government for their costs to cleanup a site; or EPA is ordering a PRP to cleanup up the site or pay for it. To access the documents listed on this page, please use the document search tool below. Communications Strategy for Settlements with Small Volume Waste Contributors Official websites use .gov The enforcement document that routinely takes the longest to negotiate and finalize is the remedial design/remedial action (RD/RA) consent decree (CD). Ability to Pay Provisions for Use in De Minimis Settlements with Ability to Pay and Non-Ability to Pay Parties Further guidance on peripheral party cashouts is contained in Part II (B) (3) of 12/22/1998 Section 122 (h) Guidance available below. Note: Use of macros may be disabled on your computer. Exit. Remedial action (RA) follows the remedial design phase. Manufacturers are prohibited from selling any new motor vehicle in the United States unless that vehicle is covered by an EPA-issued COC. Consistent with the National Contingency Plan<(the federal governments blueprint for responding to releases of hazardous substance). Superfund Alternative Site provisions - 77 (De Micromis waiver) and 78 (MSW Waiver). Memorandum recommends approaches for "greener cleanup activities" when evaluating remedial and removal activities and other activities designed to reduce or mitigate potential environmental impacts when implementing response actions under CERCLA. Interim Guidance on Settlements with De Minimis Waste Contributors under Section 122(g) of SARA Supporting Documents 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. Transmittal memorandum announcing the issuance of a revised, streamlined RD/RA CD and RD/RA SOW. The RD/RA is based on the specifications described in the Record of Decision (ROD). Updated URL of Superfund Interest Rate Web page in Interest definition of model. (Washington, DC) - The Department of Justice, the Environmental Protection Agency (EPA), and the California Air Resources Board (CARB) have resolved a civil enforcement case against Daimler AG and Mercedes-Benz USA, LLC (collectively, "Daimler"). 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. All provisions for an Operable Unit settlement. Daimler will pay a civil penalty of $875,000,000 for its alleged civil violations of the Clean Air Act. Copyright 2023 Morgan, Lewis & Bockius LLP. 41 Deleted (if that option is provided below) or by regular mail in last sentence of paragraph. JavaScript is turned off in your web browser. site investigation (remedial investigation and feasibility study), short-term clean up (removal action), and. 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. Date: 09/29/2016 For more information on the National Capacity Assessment Report and past documents see. More information . Added comment bubble regarding the use of alternatives to pay.gov for making payments and contacting CFC if SDs cannot make a payment using the pay.gov system. 11.c Updated payment information for stipulated penalties. United States Environmental Protection Agency, You may need a PDF reader to view some of the files on this page. Methodologies for Early De Minimis Waste Contributor Settlements under CERCLA Section 122(g)(1)(A) The Agency maintains a database of model administrative and judicial settlement documents that are available for download in Word format. Secure .gov websites use HTTPS Specifically, certain provisions that were previously part of the CD related to decisions made during the cleanup process have now been moved to the SOW. Issue final risk and technology review of the air toxics standards for the Portland cement source category by 7/15/2018. EPA can recover these costs from PRPs through a cost recovery agreement, which typically takes the form of an administrative settlement agreement. Mercedes-Benz USA, LLC (MB USA) is a wholly-owned subsidiary of Daimler AG, and is a Delaware limited liability company with its headquarters in Sandy Springs, GA. MB USA acts for and is under the control of Daimler AG in connection with the distribution of new motor vehicles in the United States. Secure .gov websites use HTTPS If the PRP does not submit a good faith offer at the end of the initial 60 days, EPA may start the cleanup work itself or issue a unilateral administrative order (UAO), requiring the PRP to do the work. On this page: Center for Biological Diversity v. EPA and FWS, No. This is not the current EPA website. Superfund settlement agreements, once finalized, are enforceable in a court of law. (.Doc/.Docx, 21 pp, Daimler AG and its subsidiaries manufactured and assembled the vehicles, imported many of the vehicles, performed emission tests on the vehicles, met with EPA regulators about the vehicles, and submitted information about the vehicles to EPA. (.Doc/.Docx, 36 pp, The models and sample documents in this database and any internal procedures adopted for their implementation and use are intended An official website of the United States government. Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models Includes information relating to FA mechanisms that may be available to PRPs to satisfy their FA obligations under settlements and orders for remedial and removal actions. Issuance of 2021 Comprehensive Environmental Response, Compensation, and Liability Act Model Remedial Design/Remedial Action Consent Decree and Statement of Work (pdf) 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. 31.0K) Exit. Note: Not all documents may be available at this time. ARLO: Sierra Club v. EPA, No. It uses a systematic and creative approach to identify and reduce unjustifiably high project costs without sacrificing reliability or efficiency. Official websites use .gov 31.0K) Jim Dragna The Clean Air Act and its regulations aim to protect human health and the environment, in part, by reducing harmful emissions from mobile sources of air pollution. An official website of the United States government. The different types of settlement agreements are explained further below. A .gov website belongs to an official government organization in the United States. Message announces the revised, aerodynamically Comprehend Environmental Response, Compensation, press Liability Conduct Activity (CERCLA) model Remedial Design/Remedial Action (RD/RA) Consent Decree (CD) model RD/RA Statement von Work (SOW). Memorandum outlines communication strategy and attaches model documents to assist the Regions when entering into settlements with de minimis parties. 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. It involves the actual construction or implementation phase of Superfund site cleanup. 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. 41.e Changed clause numbering from (i) and (ii) to (1) and (2). Any ATSDR costs incurred in connection with implementation of the remedy are already covered by definitions language. Remedial Design/Remedial Action Statement of Work Intake Port Shutoff Linkage), New Charge Air Distribution Line Transverse Tube, New Clean Air Duct with Mass Air Flow Sensors, New EGR Valve (Actuator), EGR Cooler, and EGR Line(s). The California Air Resources Board joined the United States in this settlement. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Daimler must recall the affected vehicles and update the software and certain hardware in order to remove all defeat devices and ensure the vehicles comply with all applicable emission standards. Please click here to see any active alerts. 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. Date: 08/02/2016 JavaScript appears to be disabled on this computer. EPA continues to update its website to enhance public access to Superfund-related information. Date: 09/29/2014 A defeat device is a vehicle design feature that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use.