Document Overview

Model document comfort/status letter for use when federal involvement at the property or site is occurring or has occurred under CERCLA and when the letter is being requested by a state or local government. The letter includes a discussion of potential liability protections under CERCLA § 101(20)(D). 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 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.

Superfund Liability Protection for Local Government Acquisitions after the Brownfields Utilization, Investment, and Local Development Act of 2018
Date: 06/15/2020
Guidance provides an overview of CERCLA's liability framework and protections and the EPA's enforcement discretion policies that may apply to local governments.

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 (4 pp, 113.0 K)
09/30/2025

• History and Status of the Site
  • Revised note to delete "if known" regarding inclusion of a discussion of site conditions, cleanup status, etc.
  • Revised note to add language instructing drafters that the items included in the discussion should be items "that may support and/or limit reuse of the property"
  • 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
• Reuse of the Property
  • Revised discussion of reuse of the Property by making it optional, consistent with the preceding note to include the discussion if there is sufficient information
  • Replaced "[Insert language interference with government investigations or cleanup.]" with optional language stating that the interested party should not interfere with investigation or cleanup for consistency with other model letters and ease of use by drafters
  • Revised language identifying (or not) incompatibilities between the proposed use of the property and EPA's selected cleanup option to be included only if applicable
  • Revised language identifying (or not) incompatibilities between the proposed use of the property and EPA's selected cleanup option to encompass incompatibilities between the proposed use of the property and institutional controls at the site
  • Added user note to optional language identifying (or not) incompatibilities between the proposed use of the property and EPA's selected cleanup option and/or institutional controls to explain that drafters should be cautious of language that could be construed as an approval of the interested party's plans
  • Revised language identifying incompatibilities to more specifically instruct drafters on how to explain EPA's concerns with the proposed use and any land use restrictions
  • Added language stating that EPA may not have sufficient information to make a determination about compatibility, g., if the remedy has not yet been selected, to be included only if applicable and added user note to explain when use of that language would be appropriate
• CERCLA § 101(20)(D) State and Local Government Liability Exemption
  • Revised description of local governments that qualify for the protection by including additional statutory language
  • Revised description of the BUILD Act's amendments to CERCLA § 101(20)(D) to more accurately reflect the statutory language
  • Added optional language to discussion of potential application of the CERCLA § 101(20)(D) exclusion to reflect that a court, not EPA, makes the determination whether a party has met the criteria for the exclusion
  • Revised language regarding potential application of the Local Government Guidance by making it optional and making the phrasing consistent with discussion of the bona fide prospective purchaser (BFPP) protection in this and other model letters
• CERCLA's Bona Fide Prospective Purchaser Liability Protection
  • Revised to clarify that acquiring ownership of the property after January 11, 2022 is a one of the statutory requirements for achieving bona fide prospective purchaser (BFPP) status
  • Deleted "also" regarding inclusion of lessees in the statutory definition of a BFPP
  • Revised to provide clarity as to the self-implementing nature of the BFPP protection
  • Revised to reiterate that acquiring ownership of the property after January 11, 2022 is a one of the statutory requirements for achieving BFPP status
  • Revised to clarify that a BFPP will not be liable for past contamination
  • Added language identifying the two threshold criteria for achieving BFPP status and the six continuing obligations for maintaining BFPP status
  • Replaced "[If appropriate: Intergovernmental transfers of property]" with the relevant language related to intergovernmental transfers of property to be included only if applicable for formatting consistency
  • Replaced "[Include if appropriate: Application of BFPP provision]" with the relevant optional language related to application of the BFPP protection for consistency with other model letters
• Inserted as text a comment instructing drafters to include section related to reasonable steps, if there is sufficient information, for consistency with other model letters
• Optional: Reasonable Steps
  • Revised language introducing list of reasonable steps by removing expression of EPA's belief as to what are reasonable steps
  • Revised note regarding list of reasonable steps to instruct drafters to include information regarding access required by EPA
  • Deleted "final" to clarify that EPA is in no way involved in determining what are reasonable steps related to hazardous substance contamination at a site
• Third Party and Innocent Landowner Defenses
  • Added language regarding potential application of the defense and that a court, not EPA, makes the determination whether a party has met the criteria for the defense
• Note
  • Added language to clarify that EPA regional staff should consult with OSRE before including potentially conclusory or legally binding language
  • Replaced "exemption" with broader term "protection"
• Liens
  • Added optional paragraph quoting Windfall Lien Policy related to acquisition of property for preservation of green space or public recreational purposes
  • Revised language regarding application of the Windfall Lien Policy to be optional

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