Issued 8/31/2021. For each percentage point by which Daimler falls short of the National Passenger Car EMP Rate, Daimler must pay a civil penalty of $6,445,600 to the United States. Date: 08/31/2021 United States Environmental Protection Agency, You may need a PDF reader to view some of the files on this page. (.Doc/.Docx, 21 pp, JavaScript appears to be disabled on this computer. Official websites use .gov In 2014, EPA and the DOJ issued an updated model RD/RA CD and SOW. Daimler has agreed to implement a recall program to repair the noncompliant vehicles, offer an extended warranty on repaired vehicles, and pay a civil penalty of $875 million. Which type of agreement the Agency uses to negotiate a settlement agreement depends on whether the PRP is: performing the cleanup work at a site; paying for cleanup work to be done by EPA or another party; repaying the government for their costs to cleanup a site; or EPA is ordering a PRP to cleanup up the site or pay for it. They do not constitute rulemaking by the Agency and Date: 09/26/2014 Transmittal memorandum announcing the issuance of a revised, streamlined RD/RA CD and RD/RA SOW. site investigation (remedial investigation and feasibility study), short-term clean up (removal action), and. The model is designed for resolution of past cost claims and is not intended to resolve claims for future work or payment of future response costs. Certification for the model macros has been extended through August 2023. The following key revisions are important to note: EPA and the DOJ are enthusiastic about the revisions to the RD/RA CD and SOW and hopeful that they will result in more rapid negotiations and, accordingly, getting shovels in the ground more quickly. Transmittal memorandum announcing the issuance of a revised, streamlined RD/RA CD and RD/RA SOW. A .gov website belongs to an official government organization in the United States. Date: 09/29/2016 2021 CERCLA RD/RA CD and SOW Model Documents | US EPA The The 2021 model RD/RA CD and SOW became effective on August 31, 2021, and all future RD/RA CDs will use the new model. Similar provisions are being incorporated into other cleanup enforcement model statements of work. Contact Us to ask a question, provide feedback, or report a problem. Value engineering (VE) is a specialized cost-control technique. Superfund: Remedial Design / Remedial Action | US EPA RD/RA CD SOW | Enforcement | US EPA Date: 04/06/2015 De Minimis Contributor Consent Decree (CERCLA 122(g)(4)) - US EPA Remedial action (RA) follows the remedial design phase. Brianna Iddings Mattox It involves the actual construction or implementation phase of Superfund site cleanup. Many pieces of such text is denoted with an abbreviation or acronym that identifies the purpose of the text. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Methodologies for Early De Minimis Waste Contributor Settlements under CERCLA Section 122(g)(1)(A) The model documents listed below are the principal cleanup enforcement instruments used by EPA and DOJ under authority of the (1) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for removal and remedial activity at Superfund sites and the (2) Resource Conservation and Recovery Act (RCRA) for corrective action work . In addition, in a separate administrative agreement with the United States Customs and Border Protection (CBP), Daimler resolved allegations of illegally importing many of the noncompliant vehicles. (7 pp, John McGahren Aiming to streamline the latest model of the RD/RA CD, a national workgroup, composed of attorneys from the EPA Office of Site Remediation Enforcement, EPA regional offices, and the DOJ, reviewed the latest model of the RD/RA CD and drafted a revised model. Minor updates are made to model documents within the Models Database as necessary and the dates associated with the current model reflect the latest update. The philosophy underlying the Model Consent Decree is consistent with that espoused in the CERCLA Timeline prepared as a result of the Superfund Management Review and in the Pre-Referral Negotiations Procedures for Superfund Enforcement Cases. Recertification of document macros 04/14/2022, Updated titles to reference materials 09/28/2021. To implement an effective, well-coordinated program, all participants must be made aware of each partys health and safety roles and responsibilities. Remedial design (RD) is the phase in Superfund site cleanup where the technical specifications for cleanup remedies and technologies are designed. Transmittal memorandum announcing the issuance of the revised Remedial Design (RD) model administrative settlement agreement and order on consent (ASAOC) and the RD state of work (SOW) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) along with information on other minor language updates to be incorporated into other models. Daimler also will implement a program to mitigate excess pollution from these vehicles. 41.d Replaced SCORPIOS Report with e-Recovery Report in periodical bills paragraph. Civil Cases and Settlements | Enforcement | US EPA Here you will find RD/RA information related to SSCs. Under the proposed Consent Decree, the EPA would agree to a deadline for issuing the revisions. 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. The guidance supplements earlier guidance for de minimis waste contributor settlements and establishes the minimum level of information necessary before a Region can consider a de minimis settlement, as well as provides a methodology to construct payment matrices in appropriate circumstances, and encourages Regions to take a more active role in facilitating de minimis settlement. Changed clause numbering from (i) (iii) to (1) (3). Contact Us to ask a question, provide feedback, or report a problem. Remedial Design/Remedial Action Statement of Work The handbook focuses on how RPMs can use project management principles to implement selected remedies in accordance with a sites ROD. EPA Updates Model Remedial Design/Remedial Action Consent Decree and Statement of Work September 13, 2021 The updated model of the remedial design/remedial action consent decree and statement of work seeks to streamline and quicken CERCLA settlement negotiations and address environmental justice concerns of Superfund sites in impacted communities. The database provides information on supporting policy and guidance documents for each model and provides the revision history for any updates to a model after it is issued. Consideration of Greener Cleanup Activities in the Superfund Cleanup Process Guidance document and four model notice documents on ability to pay and de minimis revisions to CERCLA 122(g) under the 2002 Brownfields Amendments. Daimler AG is a publicly-held German corporation with its headquarters in Stuttgart, Germany. The updates are known as Approved Emissions Modifications (AEMs). Date: 08/31/2021 Start Printed Page 59384. This handbook provides remedial project managers (RPMs) with an overview of the RD and RA processes. The Act requires vehicle manufacturers to demonstrate to EPA through a certification process that their products meet applicable federal emission standards to control air pollution. Daimler AG and its subsidiaries manufactured and assembled the vehicles, imported many of the vehicles, performed emission tests on the vehicles, met with EPA regulators about the vehicles, and submitted information about the vehicles to EPA. Transmittal memorandum and model language document for use by the Regions when developing a consent decree associated with a section 104(e) information request enforcement action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund). This category includes a documents related to the remedial design and remedial action (RD/RA) phase of site work, with a focus on working with USACE when conducting the cleanup. The updated model of the remedial design/remedial action consent decree and statement of work seeks to streamline and quicken CERCLA settlement negotiations and address environmental justice concerns of Superfund sites in impacted communities. How the Atlantic Richfield decision may impact the EPA Model Consent Document Overview This model is for use by EPA and DOJ staff when negotiating a remedial design/remedial action (RD/RA) consent decree statement of work (SOW). Of that amount, the company will pay $743,750,000 to the United States and $131,250,000 to CARB. Document provides recommended language for modifying the September 26, 2014 de minimis contributor ASAOC and CD when settling with some de minimis ability to pay parties in accordance with Section 122(g)(7) of CERCLA and some non-ability to pay de minimis parties. United States Environmental Protection Agency, Issuance of 2021 Comprehensive Environmental Response, Compensation, and Liability Act Model Remedial Design/Remedial Action Consent Decree and Statement of Work, Remedial Design/Remedial Action Statement of Work, Issuance of Revised Model Administrative Settlement Agreement and Order on Consent for Remedial Design and New Remedial Design Statement of Work, Issuance of Revised Model Consent Order and New Model Unilateral Order for Remedial Investigation/Feasibility Study and Updated Financial Assurance and Insurance Language for All CERCLA Response Action Settlements and Unilateral Administrative Orders, Consideration of Greener Cleanup Activities in the Superfund Cleanup Process, Issuance of CERCLA Financial Assurance Guidance, Updated and New Sample Mechanisms, and Model Language Provisions for Unilateral Administrative Orders, Transmittal of Model Geospatial Data and Electronic Submission of Deliverables Language for Inclusion in CERCLA Statements of Work, Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models, Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites, Interim Guidance: Providing Communities with Opportunities for Independent Technical Assistance in Superfund Settlements, Interim Revisions to CERCLA Judicial and Administrative Settlement Models to Clarify Contribution Rights and Protection from Claims Following the Aviall and Atlantic Research Corporation Decisions.
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