Document Overview

Model letter provides information about the cleanup status of a site without a discussion of potential liability concerns or protections.

Supporting Documents

Transmittal of Updated and New Model Comfort/Status Letters (2025) (49 pp, 632.0 K)
Date: 09/30/2025
Memorandum transmits updated and new model comfort/status letters and language inserts for EPA Regions to use when responding to interested parties who may want to acquire “impacted properties.” The updated and new 2025 model letters and language inserts reflect the Agency’s 2019 Comfort/Status Letter Policy and the Agency’s experience in issuing comfort/status letters.

Transmittal of New and Updated Model Comfort/Status Letters (2021)
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

List of Technical Changes (2 pp, 103.0 K)
02/05/2026

• Introductory Paragraphs
  • Replaced “description of the inquiry or request” with “description of the proposed reuse of the Property” for accuracy and consistency with other model letters
  • Replaced “development” with “use” to accurately reflect the breadth of activities proposed by interested parties at contaminated or potentially contaminated properties
• History and Status of the Site
  • Revised note instructing drafters to include discussion of current site conditions, cleanup status, etc. to be consistent with same note in other model letters
  • Added template for new optional paragraph that more precisely identifies and discusses institutional controls at the site and added user note to explain what specific information should be provided in that paragraph if included and adapted to site-specific conditions
• Liens
  • Deleted note instructing drafters to consider including information regarding windfall liens if there is discussion of the BFPP protection, as there would be no discussion of the BFPP protection in a Property Status Letter
  • Revised language regarding application of the Windfall Lien Policy to be optional
  • Revise bracketed language to reflect that a windfall lien may arise

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