2022 CERCLA PPA for Removal Action Model Document
Memorandum announces the revised Model Administrative Settlement Agreement for Removal Action by Prospective Purchaser (“PPA Removal Model”). Issued August 10, 2022.
The prospective purchaser agreement (PPA) removal administrative settlement agreement model language is used by the U.S. Environmental Protection Agency (EPA) and Department of Justice (DOJ) when negotiating settlement agreements with prospective purchasers or lessees for the performance of removal actions at sites under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly known as Superfund). The model replaces previous model language and includes provisions related to a covenant not to sue for “existing contamination” and contribution protection in exchange for cleanup work and the payment of certain costs incurred by EPA.
Consistent with former Administrator Regan’s prioritization of EPA’s commitment to the protection of communities with environmental justice (EJ) concerns, the revised model includes community involvement and related provisions consistent with other CERCLA models to advance this commitment.
The model document is available for download in Word format from the Cleanup Enforcement Model Language and Sample Documents Database:
The transmittal memorandum with the model document is available in PDF format.