An official website of the United States government.

This is not the current EPA website. To navigate to the current EPA website, please go to This website is historical material reflecting the EPA website as it existed on January 19, 2021. This website is no longer updated and links to external websites and some internal pages may not work. More information »


Guidance: Financial Assurance in Superfund Settlements and Orders

Memorandum transmits guidance, model language, and sample documents that address financial assurance (FA) requirements in cleanup settlement agreements and unilateral administrative orders (UAOs) under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund).  Issued 4/6/2015.

The transmittal package includes the following documents:

  1. Guidance on Financial Assurance in Superfund Settlement Agreements and Unilateral Administrative Orders;
  2. Updates to six previously issued FA sample mechanisms for use in connection with CERCLA settlement agreements;
  3. Model language provisions for use in UAOs addressing FA and enforcement/work takeover; and
  4. Six new FA sample mechanisms for use in connection with UAOs.

The complete package of the documents listed above, as well as individual files of the transmittal memorandum, FA guidance, and FA model language provisions are provided in the links below in PDF format.

The sample FA mechanisms for use in connection with CERCLA settlement agreements and UAOs are available in Word from the Financial Assurance-Orders and Financial Assurance-Settlements categories on the Cleanup Enforcement Model Language and Sample Documents Database. The samples include the following:

  • Corporate Guarantee
  • Financial Test
  • Letter of Credit
  • Payment Bond
  • Performance Bond
  • Trust Fund
You may need a PDF reader to view some of the files on this page. See EPA’s About PDF page to learn more.