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.

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•	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

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