United States
                      Environmental Protection
                      Agency
                         Office of
                         Solid Waste and
                         Emergency Response
Publication 9832.11FS
May 1991
vvEPA
Summary of  "Guidance  on
Documenting Decisions not to
Take  Cost  Recovery Actions'
                                                                         .it
Office of Waste Programs Enforcement
CERCLA Enforcement Divisfon/GEB/OS-510
                                             Quick Reference Fact Sheet
    CERCLA Section 107 provides for recovery of response costs incurred by the Superfund Trust Fund. In some
    cases, EPA does not intend to pursue cost recovery actions. In these cases, close-out memoranda should be
    written for each site.

       This summary is intended for use only as a ; -j^.iement, not a replacement, to the official Agency
    "Guidance on Documenting Decisions not to Take Cost Recovery Actions," OSWER Directive #9832.11,
    issued June 7,1987.
     Decision not to Pursue

     Regions may decide not to pursue cost recovery on
     the basis of information collected during the
     potentially responsible party (PRP) search. They
     may also base decisions on pending statute of
     limitations or decisions not to pursue remaining
     costs.
    Timing of the Memorandum

    The memorandum must be prepared prior to the
    expiration of the statute of limitations established
    by CERCLA Section 113.
    Content of the Memorandum

    The memorandum should include the following
    four sections:
                r£--f - '_

        •  site description;

        •  work authorized and conducted and
          associated costs;

        •  discussion of basis not to pursue cost
          recovery; and

        •  conclusion.
                        Possible reasons not to pursue cost recovery
                        include:

                           •  No PRPs were identified for the site;

                           •  The identified PRPs are not  financially
                              viable;

                           •  Evidence linking PRPs to the site is weak;
                              and

                           •  The Agency lacks the resources to pursue
                              the case.
                        New Information

                        If new information comes to light after a cost
                        recovery dose-out memorandum has been signed,
                        the case may be re-opened for examination.

                        For further information or questions, please contact
                        the Cost Recovery Branch in OWPE, at FTS 398-
                        8454.

-------