FOR IMMEDIATE RELEASE                                   ENR
  FRIDAY, JULY 14, 1995                        (202) 514-2008
                                           TDD (202) 514-1888
                               
    JUSTICE, EPA ANNOUNCE MODEL SUPERFUND CONSENT DECREE 
  
    DESIGNED TO IMPROVE SUPERFUND SETTLEMENTS AND CLEANUPS
  
  
  WASHINGTON, D.C. -- In a move to improve and to streamline
  Superfund settlement procedures, the Department of Justice
  and the Environmental Protection Agency issued a new Model
  Consent Decree to be used in negotiating the cleanup of
  Superfund sites.  The Superfund settlement tool will
  encourage more potentially responsible parties (PRPs) to
  settle with the government, allow settlements to be reached
  quickly, and provide new protection for individuals and
  small business parties.  
  
     A main feature of the revised model consent decree is
  the elimination of a provision from the original 1991 model. 
  This provision -- that some settling parties consider overly
  stringent and an obstacle to settlement at a number of
  Superfund sites -- required defendants to commit to
  performing additional remedy actions in the event that the
  original remedy failed.  
     
     In Superfund cleanup settlements, potentially
  responsible parties agree to clean up the site by performing
  a remedy chosen by the EPA -- typically, a cleanup of
  contaminated soil and groundwater, to standards specified by
  EPA.  Some PRPs considered the 1991 provision to be a "blank
  check," holding them responsible for additional, and most
  likely expensive cleanup remedies, despite the fact that
  they had completed the original remedy required by their
  settlement.  
  
     The new model eliminates this provision and suggests
  that settling defendants' liability for additional response
  actions simply be reserved.  This reservation also may be
  omitted from Superfund settlements in appropriate
  circumstances.
     
     In addition, the new model contains a waiver of claims
  by Superfund defendants against "de micromis" parties --
  parties who contributed very small amounts of waste to
  Superfund sites.  This provision requires anyone who settles
  with the United States to agree not to pursue such parties. 
  The waiver is based on provisions of the Superfund reform
  legislation of 1994 and responds to concerns that
  individuals and small businesses have been unfairly
  subjected to third party lawsuits by Superfund defendants. 
  The Administration has supported Superfund reform to exempt
  small parties from liability altogether.  
     "This new approach gives potentially responsible
  parties the certainty they need to commit to perform
  Superfund cleanups," said Steven Herman, EPA Assistant
  Administrator for Enforcement and Compliance Assurance. 
  "The use of this new model consent decree should result in
  more efficient negotiations, as well as an increased number
  of settlements."
  
     "This new settlement tool cuts red tape and strikes a
  better balance by effectively  protecting the public and
  better accommodating concerns of those parties willing to
  settle and to clean up Superfund sites," said Lois J.
  Schiffer, Assistant Attorney General in charge of the
  Department's Environment and Natural Resources Division. 
  "In addition, it says to individuals and small businesses
  that we will protect them from additional litigation and
  costs that they just don't deserve."
  
     The new model consent decree also: 
  
     þ    authorizes mediation as a tool to help resolve
  disputes
  
     þ    limits the settling defendants' responsibility for
  paying damage claims that might be brought against the
  United States if cleanup activities cause damage
      
     þ    recognizes that a "technical impracticability"
  provision may be needed in situations where some
  aspects of the remedy may turn out to be infeasible
  
     þ    eliminates some of the penalties to which settling
  defendants may be exposed if work is not completed on
  time, especially when delays are caused by EPA or 
  courts taking too long to resolve disputes
  
     þ    clarifies and expands settling defendants' ability
  to avoid penalties when events beyond their control
  cause unanticipated delays
  
     A joint cover memorandum, signed by Ms. Schiffer and
  Mr. Herman, explains that the 1991 model has been successful
  in accomplishing its main goals -- to protect the public
  interest under Superfund law and to reduce the time and
  money spent by the government and PRPs on drafting and
  negotiating Superfund agreements.  However, PRP objections
  to provisions of the Model they viewed as unnecessarily
  stringent sometimes were an impediment to settlement.  The
  revisions address those objections.
  
     The joint cover memorandum also changes EPA policy to
  eliminate the requirement that EPA regions consult with EPA
  headquarters before agreeing to consent decrees that modify
  key provisions of the Model Consent Decree.  This change
  will further reduce the time needed to reach settlements,
  and increase the flexibility of the negotiating process.
  
     The model consent decree is effective July 13, 1995. 
  It will serve as the basis for all future settlements for
  Superfund remedial action negotiated with PRPs.  It will not
  affect consent decrees previously negotiated and signed by
  PRPs. 
  
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  95-389