Document Overview

Model document comfort/status letter for use when federal involvement at the property or site is occurring or has occurred under CERCLA. Superfund comfort/status letters are provided solely for informational purposes and may include language identifying potentially applicable statutory provisions, regulations, Agency policy, and suggested reasonable steps.

Supporting Documents

Transmittal of New and Updated Model Comfort/Status Letters
Date: 09/30/2021
Memorandum transmits new and updated model comfort/status letters for EPA Regions to use when responding to interested parties who may want to acquire “impacted properties”. The new and updated 2021 model letters reflect the Agency’s 2019 Comfort/Status Letter Policy, the 2020 guidance on local government acquisitions and the Agency’s experience in issuing comfort/status letters.

Transmittal of the 2019 Policy on the Issuance of Superfund Comfort/Status Letters (7 pp, 450.0 K)
Date: 08/21/2019
Transmittal memorandum, guidance, and model comfort/status letters for parties interested in reusing and/or redeveloping contaminated, potentially contaminated, and formerly contaminated properties. The policy discusses the background of EPA’s issuance of Superfund comfort/status letters, describes the purpose and intent of these letters, and includes four updated model letters.

Enforcement Discretion Guidance Regarding Statutory Criteria for Those Who Qualify as a CERCLA Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners (31 pp, 566.0 K)
Date: 07/29/2019
Guidance 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 with to be involved with impacted properties.

Enforcement Discretion Guidance Regarding the Affiliation Language of CERCLA's Bona Fide Prospective Purchaser and Contiguous Property Owner Liability Protections
Date: 09/21/2011
Memorandum assists EPA personnel in, on site-specific basis, exercising the Agency's enforcement discretion regarding the affiliation language contained in CERCLA. Specifically, the memorandum focuses on parties who meet each of the requirements of the BFPP or contiguous property owner (CPO) provisions except for the requirement prohibiting parties from being "affiliated with any other person that is potentially liable."

Interim Enforcement Discretion Policy Concerning Windfall Liens Under Section 107(r) of CERCLA (33 pp, 441.0 K)
Date: 07/16/2003
Memorandum discusses EPA and DOJ interim policy implementing Section 107(r) windfall lien provisions contained in the 2002 Brownfields Amendments to CERCLA. Information on interim policy includes link to frequently asked questions document.

Revision History

Revisions based on previous versions of the model
09/30/2021

• Revisions based on 2019 version of the model include:
  • Changed references from SEMS to Superfund site profile web pages.
  • Revised Bona Fide Prospective Purchaser language to reflect self-implementing nature of the liability protection and to be consistent discussion in Common Elements Guidance and the Revitalization Handbook.
  • Revised conclusion to reflect more comforting tone and recognize EPA’s general support of facilitating cleanup and beneficial reuse.

  08/21/2019

  • This model replaces the Federal Superfund Interest and No Current Federal Superfund Interest Comfort/Status Letter issued in 2015.

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