EPA's Brownfields Economic Redevelopment Initiative is designed to empower States, communities, and other stakeholders in economic redevelopment to work together in a timely manner to prevent, assess, safely clean up, and sustainably reuse brownfields. A brownfield is a site, or a portion thereof, that has actual or perceived contamination and an active potential for redevelopment or reuse. EPA's Brownfields Initiative strategies include funding pilot programs and other research efforts, clarifying liability issues, entering into partnerships, conducting outreach activities, developing job training programs, and addressing environmental justice concerns. United States Office of Publication: EPA/500/F-95/051 Environmental Protection Solid Waste and Agency Emergency Response March 1996 $ EPA Liability and Other Guidances Office of Outreach and Special Projects (5101) Quick Reference Fact Sheet OVERVIEW EPA has been working with States and municipalities to develop guidances that willprovide some assurance that, under specified circumstances, prospective purchasers, lenders, and property owners do not need to be concerned with Superfund liability. The guidances clarify the liability of certain parties' association with and activities at a site, and clearly state EPA's decision to use its enforcement discretion not to pursue such parties. EPA anticipates that these clear statements of the Agency's position will alleviate any concerns these parties may have in becoming involved in the cleanup and redevelopment of previously used properties. ACTIVITIES EPA is currently developing or has developed the following guidances to address specific liability concerns: • EPA issued a general policy statement regarding the liability of owners of property that is uncontaminated but contains an aquifer contaminated by actions from a neighboring property. This policy statement provides assurance that EPA does not anticipate suing the property owner who was not a source of contamination. • EPA issued a Land Use Guidance which ensures that EPA considers future land use in Superfund cleanups by focusing on practical and cost-effective cleanups that take into account a community's plan for the redevelopment of a site. • EPA issued guidance which expands the circumstances under which EPA will enter into Prospective Purchaser Agreements and states the situations under which EPA will not file a lawsuit against a prospective purchaser of contaminated property for contamination that existed before the purchase. • EPA issued guidance regarding lender and municipal acquisition liability. The guidance explains the Agency's policy of not pursuing for cleanup costs those lenders that provide money to an owner or developer of a contaminated property, but do not actively participate in the daily management of the property. This guidance also clarifies actions which would be considered "involuntary" and would therefore not subject a governmental unit to potential liability when they involuntarily acquire ownership of property through the operation of Federal, State, or local law. ------- • EPA issued a model comfort letter for closing military bases which addresses various issues concerning perceived National Priorities List (NPL) stigma and Superfund liability. The letter clarifies some common misunderstandings about NPL listing and CERCLA Lability and highlights certain provisions concerning the Federal property transfer. Additionally, it clarifies that parcels of military bases identified as uncontaminated under the Community Environmental Response Facilitation Act (CERFA) are not part of the NPL listing. • The Office of the Comptroller of Currency issued guidance that revises Community Reinvestment Act (CRA) credit guidelines to include giving credit to banks that provide loans for the assessment, cleanup, or redevelopment of brownfields. • EPA issued, in draft, a Soil Screening guidance to help decision-makers quickly determine which portions of a site require further study and which pose little risk to human health and may therefore be ready for redevelopment without extensive cleanup. • EPA issued a rule which limits the regulatory obligations of financial institutions and others who hold security interests in property on which petroleum underground storage tanks are located. In addition to specific guidances, EPA is exploring other remedies to address the fear that affected parties have of incurring Superfund liability at previously used properties. This analysis will form the basis for future guidance, mapping out the relationship between the types of sites and situations encountered as a result of the Superfund liability scheme's effect on redevelopment. CONTACT Lori Boughton U.S. EPA-OECA (703) 603-8959 SEPA United States Environmental Protection Agency (5101) Washington, DC 20460 Official Business Penalty for Pnvate Use $300 ------- |