Enforcement

Federal Superfund Interest and No Current Federal Superfund Interest Comfort/Status Letter – RE-Powering America’s Land Initiative

Federal Superfund Interest and No Current Federal Superfund Interest Letter (RE-Power Initiative) (.Doc/.Docx, 7 pp, 46 K)

Model Information

12/05/2012

03/01/2016

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Model document comfort/status letter for use when federal involvement at the property or site under CERCLA is occurring or has occurred. For use with renewable energy development under the Agency's RE-Powering America’s Land initiative. The letter is intended to provide the lessee with information the EPA currently has about the property and potentially applicable Agency policies to help the lessee make informed decisions as they move forward with renewable energy development on their property. Superfund comfort/status letters are provided solely for informational purposes and discuss the potential for or actual EPA involvement under Superfund based upon the information presently known to EPA about the property. Technical updates have been incorporated into this model (see revision history below), but it is under further review to assess the need for conforming changes since the issuance of the 2015 Revised Policy on the Issuance of Superfund Comfort/Status Letters.

Supporting Documents

Transmittal of Revised Policy on the Issuance of Superfund Comfort/Status Letters
Date: 08/25/2015
Transmittal memorandum, guidance, and updated model comfort/status letters for parties interested in acquiring contaminated, potentially contaminated, and formerly contaminated properties for reuse and redevelopment. The Revised Policy discusses the background of the EPA’s issuance of Superfund comfort/status letters, describes the purpose and intended use of these letters, and provides three model letters addressing the most common inquiries received from parties.

Transmittal of “Revised Enforcement Guidance Regarding the Treatment of Tenants Under the CERCLA Bona Fide Prospective Purchaser Provision” and Model Comfort/Status Letters for Lessees at Renewable Energy Projects
Date: 12/05/2012
Transmittal memorandum, guidance, and three model documents addressing the potential applicability of the bona fide prospective purchaser (BFPP) provision under CERCLA to tenants. The model comfort/status letters are for lessees at renewable energy projects.

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 Guidance Regarding Criteria Landowners Must Meet in Order to Quality for Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner Limitations on CERCLA Liability (Common Elements)
Date: 03/06/2003
Provides general guidance on the "common elements" applicable under the BFPP, CPO, or innocent landowner liability protections under CERCLA.

Revision History

Review and update URLs
03/01/2016

  • Reviewed and updated existing URLs throughout the document – pp. 5 and 7.

Updated property status paragraph and outdated URL
08/25/2015

  • Made technical updates to property status paragraph to reflect current information on Superfund database systems and corrected outdated URL reference. Made general grammatical and formatting updates to 2012 version.

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