Bona Fide Prospective Purchasers

This category includes EPA guidance and policy on bona fide prospective purchasers (BFPPs) as defined in the 2002 "Brownfields Amendments" to CERCLA. A BFPP is a person, or tenant of a person, who acquires ownership of a facility after January 11, 2002, and who meets a number of other statutory criteria.

You will need Adobe Reader to view some of the files on this page. See EPA's About PDF page to learn more.

The Revitalization Handbook: Addressing Liability Concerns at Contaminated Properties (2022 Edition) - (8/11/22) The 2022 edition of The Revitalization Handbook summarizes the federal statutory provisions and EPA policy and guidance documents that address the potential liability concerns of parties involved in the cleanup and revitalization of contaminated sites. https://www.epa.gov/enforcement/revitalization-handbook (PDF 3,400K)

Transmittal of New and Updated Model Comfort/Status Letters - (9/30/21) Memorandum transmits three new and two updated model comfort status letters to assist Regions when responding to interested parties who may want to acquire impacted properties. https://www.epa.gov/enforcement/comfortstatus-letters-guidance (PDF 1530K)

Superfund Liability Protection for Local Government Acquisitions after the Brownfields Utilization, Investment, and Local Development Act of 2018 - (6/15/20) Guidance provides an overview of CERCLA's liability framework and protections and the EPA's enforcement discretion policies that may apply to local governments. https://www.epa.gov/enforcement/guidance-superfund-liability-protections-local-government-acquisitions (PDF 448K)

Enforcement Discretion Guidance Regarding Statutory Criteria for Those Who Qualify as a CERCLA Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners - (7/29/19) 2019 Common Elements Guidance for EPA staff 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. https://www.epa.gov/enforcement/common-elements-guidance (PDF 548K)

Enforcement Discretion Guidance Regarding the Affiliation Language of CERCLA's Bona Fide Prospective Purchaser and Contiguous Property Owner Liability Protections - (9/21/11) Memorandum assists EPA personnel in, on site-specific basis, exercising the Agency's enforcement discretion regarding the affiliation language contained in the Superfund statute. https://www.epa.gov/enforcement/guidance-affiliation-language-cerclas-bfpp-and-cpo-liability-protections (PDF 180 K)

Windfall Lien Administrative Procedures - (1/8/08) Transmittal memorandum and attachments addressing implementation of section 107(r) of Superfund, the windfall lien provision on property acquired by a bona fide prospective purchaser. https://www.epa.gov/enforcement/guidance-windfall-lien-administrative-procedures-107r-lien-and-model-letter-providing (PDF 921 K)

Issuance of CERCLA Model Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser - (11/27/06) Transmittal memorandum and CERCLA model agreement and order on consent for removal action by a bona fide prospective purchaser (BFPP). https://www.epa.gov/enforcement/guidance-model-bfpp-agreement-removal-action (PDF 242 K)

CERCLA Model Agreement and Order on Consent for Removal Action by Bona Fide Prospective Purchaser - (11/27/06) CERCLA Model Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser (BFPP). https://www.epa.gov/enforcement/guidance-model-bfpp-agreement-removal-action (PDF 201 K)

Bona Fide Prospective Purchasers and the New Amendments to CERCLA - (5/31/02) Describes when, primarily because of significant public health, EPA will consider providing a prospective purchaser with a covenant not to sue under the 2002 amendments to the Superfund statute. https://www.epa.gov/enforcement/guidance-bfpps-and-new-amendments-cercla (PDF 129 K)

Top of page