Prospective Purchaser Agreements (PPA)

This category contains guidance and model language related to the use of Prospective Purchaser Agreements (PPAs). PPAs may be appropriate in limited circumstances to facilitate redevelopment of property where CERCLA liability issues are involved.

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The Revitalization Handbook: Addressing Liability Concerns at Contaminated Properties (2022 Edition) - (8/11/22) The 2022 edition of The Revitalization Handbook summarizes the federal statutory provisions and EPA policy and guidance documents that address the potential liability concerns of parties involved in the cleanup and revitalization of contaminated sites. https://www.epa.gov/enforcement/revitalization-handbook (PDF 3,400K)

Issuance of the 2022 Model Administrative Settlement Agreement for Removal Action by Prospective Purchaser - (8/10/22) Memorandum announcing the revised model administrative settlement agreement for removal action by prospective purchaser for negotiating settlements when a prospective purchaser agrees to perform a removal action under CERCLA. https://www.epa.gov/enforcement/2022-cercla-ppa-removal-action-model-document (PDF 1,327K)

Superfund Liability Protection for Local Government Acquisitions after the Brownfields Utilization, Investment, and Local Development Act of 2018 - (6/15/20) Guidance provides an overview of CERCLA's liability framework and protections and the EPA's enforcement discretion policies that may apply to local governments. https://www.epa.gov/enforcement/guidance-superfund-liability-protections-local-government-acquisitions (PDF 448K)

Enforcement Discretion Guidance Regarding Statutory Criteria for Those Who Qualify as a CERCLA Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners - (7/29/19) 2019 Common Elements Guidance for EPA staff on the "common elements" of the CERCLA landowner liability protections for BFPPs, CPOs, ILOs, and to assist them in exercising their enforcement discretion, which may provide general information to landowners or other third-party stakeholders who may wish to be involved with impacted properties. https://www.epa.gov/enforcement/common-elements-guidance (PDF 548K)

Agreement with Third-Parties to Support the Cleanup and Reuse at Sites on the Superfund National Priorities List - (4/17/18) Memorandum encourages Regions to consider more frequent use of site-specific agreements with third parties at sites on the Superfund National Priorities List. https://www.epa.gov/enforcement/third-party-agreements-support-cleanup-and-reuse-superfund-npl-sites (PDF 1201K)

Bona Fide Prospective Purchasers and the New Amendments to CERCLA - (5/31/02) Describes when, primarily because of significant public health, EPA will consider providing a prospective purchaser with a covenant not to sue under the 2002 amendments to the Superfund statute. https://www.epa.gov/enforcement/guidance-bfpps-and-new-amendments-cercla (PDF 129 K)

Support of Regional Efforts to Negotiate Prospective Purchaser Agreements (PPAs) at Superfund Sites and Clarifications of PPA Guidance - (1/10/01) Memorandum addresses settlements at Superfund sites that can be returned to productive reuse. https://www.epa.gov/enforcement/negotiating-ppas-superfund-sites-and-clarification-ppa-guidance (PDF 33KB)

Guidance on Agreements with Prospective Purchasers of Contaminated Property - (5/24/95) This memorandum transmits the guidance and model agreement concerning prospective purchasers of contaminated Superfund property. https://www.epa.gov/enforcement/1995-model-agreements-prospective-purchasers-contaminated-property (PDF 1213KB)

Guidance on Landowner Liability under Section 107(a)(1) of CERCLA, De Minimis Settlements under Section 122(g)(1)(B) of CERCLA and Settlements with Prospective Purchasers of Contaminated Property - (6/6/89) Guidance on Landowner Liability under Section 107(a)(1) of CERCLA, De Minimis Settlements under Section 122(g)(1)(B) of CERCLA and Settlements with Prospective Purchasers of Contaminated Property. OSWER No. 9835.9. Partially superseded by 5/24/95 prospective purchaser agreement policy. https://www.epa.gov/enforcement/guidance-landowner-liability-under-section-107a1-cercla-de-minimis-settlements-under (PDF 2002 KB)

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