Epa Interim Guidance On Notice Letters, Negotiations, And Information Exchange Under Section 122 Of Cercla

摘要

The Superfund Amendments and Reauthorization Act of 1986 (SARA), which amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), maintains the importance of a strong Superfund enforcement program.1 In particular, SARA emphasizes the importance of entering into negotiations and reaching settlements with potentially responsible parties (PRPs) to allow PRPs to conduct or finance response actions. SARA generally codified the Agency's Interim CERCLA Settlement Policy but also established some new authorities and procedures that were designed to facilitate settlements.rnA fundamental goal of the CERCLA enforcement program is to facilitate voluntary settlements. EPA believes that such settlements are most likely to occur when EPA interacts frequently with PRPs. Frequent interaction is important because it provides the opportunity to share information about a site and may reduce delays in conducting response ac-rntions caused by the lack of communication. Important mechanisms for promoting interaction and facilitating communication between EPA and PRPs include issuing notice letters, entering into negotiations, and exchanging information with PRPs.rnThis guidance replaces the October 12, 1984 guidance on "Procedures for Issuing Notice Letters" and the October 9, 1985 guidance on "Timely Initiation of Responsible Party Searches, Issuance of Notice Letters, and Release of Information." 2 Although certain procedures and the timing of various activities have been modified, this guidance retains many fundamental aspects of the October 12, 1984 and October 9, 1985 guidances. In particular, this guidance re-emphasizes the importance of timely issuance of notice letters and the exchange of information between EPA and PRPs. In addition, this guidance incorporates a moratorium and "formal" period of negotiation (referred to as a negotiation moratorium) into the settlement process. EPA's commitment to carrying out these activities is crucial for supporting our fundamental goal of facilitating negotiated settlements.