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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