Extract to table

The government's draft provides that EPA shall have sole discretion to determine whether TMC has satisfactorily demonstrated that a force majeure event has occurred and that the delay qualifies for relief

For example, the Ridgecrest Remedial Action Work Plan is due December 14, 2025, but EPA must review and approve the Work Plan before TMC can proceed to the construction phase (construction commencement is required by June 14, 2027)

We recommend a provision stating that if entry of the consent decree is delayed beyond the target date, all milestone deadlines shall be automatically extended by a period equal to the period of delay in entry

We recommend clarifying that TMC shall also provide concurrent notice to the applicable state environmental agency for events affecting sites within that state's jurisdiction — i

Stipulated penalties shall be tolled (i

If the force majeure claim is ultimately denied, stipulated penalties shall accrue from the original deadline, but TMC shall receive credit for the period during which the claim was pending and being reviewed in good faith — i