wEPA
United States
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
Publication 9835.4FS
May 1991
Summary of "Interim Guidance:
Streamlining the CERCLA
Settlement Decision Process"
Office of Waste Programs Enforcement
CERCLA Enforcement Division/GEB/OS-510
Quick Reference Fact Sheet
EPA has identified three areas in which changes will help improve and streamline the process for conducting
settlement discussions:
• Negotiation Preparation;
• Management Review of Settlement Decisions; and
• Deadline Management.
s*
This summary is intended for use as a supplement, not a replacement, to the official "Interim Guidance
on Streamlining the CERCLA Settlement Decision Process," OSWER Directive #9835.4, issued February 12,
1987.
Negotiation Preparation
PRP Search. Regions must complete potentially
responsible parties (PRPs) searches no later than
the year in which the site is proposed for the
national priorities list (NPL). Both the timing and
quality of the search are critical since inadequate
information on the identity of PRPs can impede
the PRPs1 organization and negotiation.
Notice and Information Exchange. Regions should
issue notice letters as early as possible. Notice
letters should include 104(e) information requests
and provide information as to other PRPs.
Negotiation Strategy. EPA should begin preparing
draft settlement documents and a negotiation
strategy as early as possible before the first
negotiation session. The negotiation strategy
should address:
• initial, alternative, and bottom-line
positions on major issues of settlement
objectives;
• a schedule for negotiations; and
strategy and a schedule for action against
PRPs if negotiations are unsuccessful.
Review of Settlement Decisions
Negotiation Team. Comprised of representatives
from the Regional Waste Management Division
and the Office of Regional Council (ORC),
Department of Justice (DOJ), Office of Enforcement
(OE), Office of Waste Programs Enforcement
(OWPE), and appropriate state representatives,
the negotiation team is responsible for
• proper scheduling and completion of PRP
searches, notice, and information
exchange;
• development of a comprehensive
negotiations strategy in advance of
negotiations;
• conducting negotiations; and
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• raising appropriate issues to the Regional
Administrator and Settlement Decision
Committee for resolution.
The Regional Administrator, in consultation with
DOJ, is the primary decision maker on CERCLA
settlement issues.
Assistant Administrator Review Team. Chaired
by the Assistant Administrtor for the Office of
Solid Waste and Emergency Response (AA-
OSWER), the team provides overall policy direction
on settlement concepts and resolves major policy
issues specific to sites.
Deadline Management
Section 122 of the Superfund Amendments and
^authorization Act of 1986 (SARA) provides for
a 120-day negotiation period, contingent upon a
good faith offer from the PRPs within 60 days for
the Remedial Design/Action. Although
negotiation extensions are not encouraged,
Regional Administrators may grant extensions
when a settlement is believed likely and imminent.
The extension should not exceed 30 days.
Negotiations beyond that 30-day period may be
approved only by the AA-OSWER, and will be
granted only in rare and extraordinary
circumstances. Requests for such extensions may
be made only by the Regional Administrator.
For more information or questions about this
document, contact the Guidance and Evaluation
Branch, OWPE, at FTS 475-6770.
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