RE-Powering America’s Land Initiative
RE-Powering America Comfort/Status Letter (.Doc/.Docx, 7 pp, 46 K)
Model Information
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Letter for use when federal involvement at the property or site under CERCLA is occurring or has occurred and there is renewable energy development under the Agency's
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
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
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 wish 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
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
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.