2021 CERCLA RD/RA CD and SOW Model Documents
Memorandum announces the revised, streamlined Comprehensive Environmental Response, Compensation, and Liability Act Act (CERCLA) model Remedial Design/Remedial Action (RD/RA) Consent Decree (CD) model RD/RA Statement of Work (SOW). Issued 8/31/2021.
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. It is designed to be used in conjunction with the RD/RA SOW, which is the technical attachment to the CD. The SOW sets forth the procedures and requirements for implementing the remedial design and the remedial action for the PRP’s cleanup work at the site.
In addition, consistent with former Administrator Regan’s prioritization of EPA’s commitment to the protection of environmental justice (EJ) communities disproportionately impacted by pollution, the workgroup developed new community involvement and related provisions for the revised model RD/RA SOW to advance this commitment.
A new feature with both models is the use of macros to allow the user to implement, with a few keystrokes, most changes to customize the model documents for particular circumstances.
The model documents included with the transmittal memorandum are available for download in Word format from the Cleanup Enforcement Model Language and Sample Documents Database:
- Remedial Design/Remedial Action Consent Decree (CD)
- Remedial Design/Remedial Action Statement of Work (SOW)
The transmittal memorandum includes the all text visible versions of the RD/RA CD and RD/RA SOW, and a chart providing an “Overview of Substantive Changes 2020 Version of RD/RA Consent Decree to 2021 Version," which is available from the PDF file below.