Guidance: Superfund Ability to Pay Determinations

Document addresses general issues that apply to the ability to pay (ATP) process and ATP settlements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund). The policy document also contains two appendices that address issues specific to making ATP determinations for individuals and business. Issued 9/30/1997.

Supplemented by 6/29/2015 Guidance on Evaluating a Violator's Ability to Pay a Civil Penalty in an Administrative Enforcement Action.

• General Policy on Superfund Ability to Pay Determinations (pdf) (2.24 MB)