MAY 2008
                                                                                      EPA-330-F-08-001
                   Top  10  Questions  to Ask  When
                          Buying  a  Superfund  Site
                  Office of Enforcement and Compliance Assurance
                  Office of Site Remediation Enforcement
Office of Solid Waste and Emergency Response
Office of Superfund Remediation and Technology Innovation
The purpose of this document is to provide answers to some of the questions that a prospective
purchaser may have when considering whether to purchase property at a privately owned Superfund
site.
The U.S. Environmental Protection Agency (EPA) supports the
reuse of Superfund sites and believes this document may be
useful in clarifying some of the opportunities and issues
associated with their reuse.  For purposes of this document, a
Superfund site is defined as any property on EPA's National
Priorities List (NPL) where a hazardous substance has been
released into the environment or has come to be located on or
under.  Thus, even if a property is not the source of the release of
the contamination, it can be part of a Superfund site.1
             Reusing
           Superfund Sites
                 Information for Prospective Purchasers of Federally-Owned Superfund Sites
    This document does not address the unique considerations associated with the purchase and transfer of real property on
    federally-owned Superfund sites (also known as federal facilities). While many of the questions and answers in this document
    are a useful starting point for prospective purchasers of property on federal facilities, Superfund cleanups at federal facilities
    are governed by CERCLA § 120 which has requirements specific to these facilities. For example, federal facility agreements
    between EPA and the current federal owner are required to address the clean up of these properties. A number of landowner
    liability issues unique to federal facilities are raised in the context of transfers of federal property and have been addressed by
    EPA guidance. While they warrant additional considerations, federal facilities are continuing to be cleaned up and purchased
    by local governments and developers and put back into reuse. Additional information on EPA's efforts to clean up federal
    facilities and make them available for reuse is available at http://www.epa.gov/swerffrr/.
    The Superfund program and the authority to clean up Superfund sites was created by the federal Superfund law which
    is officially known as the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42
    U.S.C. §960l,etseq.
Disclaimer: This document is provided solely as general information to highlight certain aspects of a more comprehensive program. It
does not provide legal advice, have any legally binding effect, or expressly or implicitly create, expand, or limit any legal rights,
obligations, responsibilities, expectations, or benefits for any person. This document is not intended as a substitute for reading the statute
or the guidance documents described above. It is the prospective purchaser's sole responsibility to ensure that its proposed use does not
interfere with or impede the site's cleanup or protectiveness. EPA does not offer any guarantees or warranties as to the compatibility of a
proposed use with the cleanup.  It is also the purchaser's sole responsibility to maintain liability protection status as a bona fide
prospective purchaser.

-------
The 2002 Superfund liability protections2 are designed to be self-implementing, meaning that a
prospective purchaser does not need to obtain approval from EPA prior to purchasing a Superfund site
where an EPA cleanup or enforcement action is ongoing or has been completed. However, EPA
strongly recommends that prospective purchasers contact the appropriate EPA Regional office3 prior to
purchasing a Superfund site or a property within a site to discuss the cleanup status of the site and
other site-related issues.

1.  WHY IS IT A GOOD IDEA TO BUY A PROPERTY WITHIN A SUPERFUND SITE?

LOCATION, location, location.  Many Superfund sites have advantageous and desirable locations.
Some federal, state, and local government agencies offer grants, loans, and tax incentives to encourage
development and revitalization of contaminated and formerly contaminated properties and surrounding
areas.4

Superfund sites throughout the country have been transformed into major shopping centers, business
parks, residential subdivisions, and recreational facilities. Many more Superfund sites are being
revitalized for use by small businesses.  A large number of Superfund sites are suitable for
revitalization even while cleanup on the property progresses. (See http://www.epa.gov/superfund/
programs/recycle/ for more information on revitalization of Superfund sites).  Integrating the reuse of a
Superfund site into the cleanup can often occur smoothly, which minimizes future surprises regarding
undiscovered contamination.
                                                       A series of manufacturers at the
                                                       Industri-Plex Superfund site in
                                                       Woburn, Massachusetts once
                                                       produced chemicals, insecticides,
                                                       munitions, and glue products made
                                                       from raw and chrome-tanned animal
                                                       hides. A unique public/private
                                                       partnership has redeveloped the site
                                                       into a Regional Transportation Center,
                                                       a major commercial and retail district,
                                                       and a wetland preserve.
2  The 2002  Superfund liability protections  were created by the  Small Business Liability Relief and Brownfields
   Revitalization Act, Pub. L. 107-118, also known as the "Brownfields Amendments," which amended CERCLA.
3  Information on contacting EPA's Regional offices is available on EPA's Web site at
   http://www.epa. gov/epahome/whereyoulive.htm#regiontext
 1  Superfund sites are not eligible for grant funding under the Brownfields Amendments to CERCLA.

Top  10 Questions to Ask When Buying a Superfund Site                                          2

-------
2.  HOW DO I FIND INFORMATION ON A SITE'S CLEANUP STATUS AND IF IT IS SAFE FOR
    REUSE?
EPA'S Regional contacts and internet sites will provide site-specific information.  Much
information is available online.  For example, fact sheets describing a site's history, current cleanup
status, and who to contact for more information are available on EPA's Superfund Web site at
http://cfpub.epa.gov/supercpad/cursites/srchsites.cfm.
             File Edit View Favorites Tools Help
                        - .".HI -in'= .i.:n-iu i = -ii • = -.. I. - i- iHI iiii-ii. ii-: i = searchSuperluid Bite nformeilor
                       |Superfund Site Information
                                        Search Superfund Site Information
                       I Site information for NPL sites (i.e.. sites proposed to the NPL. currently on the final NPL or deleted from the final NPL) is displayed in a
                       standardized 31? progress profile forrr at The profile includes information such as the current status of cleanup efforts, what cleanup
                       • milestones have been reached and how much liquid and solid-based media have been treated. Additionally, the profile includes links to
                       • information found on EPA Regional Web sites. All information is presented in easy to understand, non-technical language Only NPL sites
                       I are displayed in the site progress profile format, non-NPL and archived sites are displayed in a less graphical format. View a
                        it of all NPL sites Search Tip;

The vast majority of Superfund sites are protective of human health and the environment for
certain types of reuse activities after they  are cleaned up. However, not all site cleanups are
protective for all uses. Superfund  cleanups may be designed to accommodate specific future uses. For
example, a property cleaned up to  accommodate commercial/industrial uses may be protective for uses
such as manufacturing, shopping or office complexes but not for residential use. Many sites will have
use restrictions to protect the public and environment by limiting the site's future uses to activities that
will not disturb the site's engineered cleanup.  In some cases, Superfund sites, or portions of the sites,
are protective enough  such that site revitalization for certain uses can occur in conjunction with the
cleanup.  Integrating cleanup and reuse can introduce economic efficiencies and enable the property to
be reused in a timely and appropriate manner throughout the cleanup process.

EPA also offers many tools to help facilitate the reuse of Superfund sites including:
    •   comfort/status  letters5;
    •   site-specific reuse fact sheets;
    •   Ready for Reuse Determinations6;
    •   performance measures which  indicate which sites  or parts of sites are ready for their anticipated
        use; and
    •   bona fide prospective purchaser "doing work" agreements.  (See Question 10 for additional
        information on these tools.)

Some EPA Regional offices have developed prospective purchaser inquiry procedures and schedule
conference calls or meetings with prospective purchasers  to answer questions and discuss whether the
proposed use of the site is  compatible with  an ongoing cleanup, any current or future property use
restrictions on the site, resolution of potential liens, and other matters.
5   A comfort/status letter is intended to combat the stigma and concerns about cleanup liability at contaminated sites by
    clarifying the cleanup status and likelihood of EPA involvement at a site.  See Question 10 for more information on the
    use of comfort/status letters..
6   A Ready for Reuse (RfR) Determination is an environmental status report documenting that EPA has made a technical
    determination, in consultation with States,  Tribes, and local governments, that all or a portion of the property at a
    Superfund can support specified types of  uses and remain protective of human health and the environment. The
    guidance is available on EPA's Web site at http://www.epa.gov/superfund/programs/recvcle/pdf/rfrguidance.pdf

Top 10 Questions to Ask When Buying a Superfund Site                                            3

-------
3. HOW DO I IDENTIFY ALL OF THE PARTIES I HA VE TO DEAL WITH TO BUY THE SITE
   OR A PROPERTY WITHIN THE SITE AND HOW IS EPA INVOLVED?

THERE is no simple solution to identify all of the parties associated with a Superfund site but
the process begins with the current owner.  As with the purchase of any property, negotiations to
buy a Superfund site begin with the current owner who can be identified through property title or tax
records. EPA rarely owns the site being cleaned up.  Generally, EPA's Regional offices may assist in
addressing the following questions:

   •   What is the current status of a site's cleanup and what are EPA's future anticipated actions?

   •   Is the proposed redevelopment compatible with a site's cleanup and with the existing and
       potential future property use restrictions?  Note: EPA does not offer guarantees of
       compatibility.

   •   Is the prospective purchaser aware of the applicable landowner liability protections under
       Superfund?

   •   How can EPA work with the prospective purchaser to settle or resolve any EPA liens?7

EPA is willing to work with prospective purchasers to clarify a property's cleanup status and potential
liability issues including the existence and satisfaction of EPA liens and property use restrictions.
States also have cleanup programs and prospective purchasers should contact the appropriate state
environmental agency to make certain they are aware of planned or ongoing state-lead cleanup actions
at the property.

                                                      f, had been
                                                le nearby Lipari
                           Landfill. EPA teamed with the state, local
                           government, and community to develop a cleanup
                           plan that allowed for the expansion of the park
                           and accelerated cleanup of the lake.
   See Question 8 for more information on EPA liens.
Top 10 Questions to Ask When Buying a Superfund Site

-------
4.  IF I BUY THE PROPERTY, WILL I BE RESPONSIBLE FOR PAST OR FUTURE CLEANUP
    COSTS?

IN most cases, a prospective purchaser will not be responsible for past or future Superfund
cleanup costs for existing contamination that is present on the property when the site is
purchased.
    Criteria for Managing Liability as a BFPP

    »   All disposal of hazardous substances
       occurred before acquisition
    »   The person made all appropriate inquiries
       about the property before acquisition
    »   The person provided all legally required
       notices with respect to discovery or
       release of any hazardous substances at the
       facility
    »   The person exercises appropriate care
       with respect to hazardous substances
       found at the facility by taking reasonable
       steps to prevent releases
    »   The person provides full cooperation and
       access to EPA
    »   The person complies with land use
       restrictions in connection with the
       response action  and does  not impede the
       effectiveness of institutional controls
    »   The person complies with requests for
       information and subpoenas
    »   The person is not potentially liable or
       affiliated with a potentially responsible
       party.
New purchasers are protected from owner or
operator liability under the Superfund law so
long as the new purchaser meets the definition of
a "bona fide prospective purchaser" (BFPP)8.

This BFPP provision states that a purchaser who
acquires a Superfund site or other contaminated
property after January 11, 2002, and who
complies with statutory criteria, will not incur
federal Superfund liability as an owner of the
property. (See text box "Criteria for Managing
Liability as a BFPP" on this page.)

To remain protected from Superfund liability for
the existing contamination at the site, a new
purchaser must achieve and maintain BFPP
status for as long  as potential liability exists.

Potential liability exists for as long as
contamination remains on the property  and/or the
statute of limitations on cost recovery actions is
in effect.

Although a BFPP is not personally liable, the
property itself could be subject to a lien as a
result of EPA incurring costs to clean up the site
(See Question 8 below).
Some of the criteria for obtaining BFPP status must be satisfied prior to acquiring a site or property
within the site.  Other criteria for maintaining BFPP status are ongoing obligations that must be met
after purchase of the property.
   42U.S.C. §9601(40).
Top 10 Questions to Ask When Buying a Superfund Site

-------
One example of a threshold criterion that must be satisfied prior to purchase is that a BFPP must
perform "all appropriate inquiries" (AAI) concerning environmental conditions at the site. The final
rule for AAI, which sets forth standards for satisfying the criterion, became effective on November 1,
2006. Information on how to comply with the AAI regulation is available on EPA's Web site at
http://www.epa.gov/brownfields/regneg.htm. (See text box "Criteria for All Appropriate Inquiry".)

It is important to note that new purchasers who have achieved BFPP status could become liable for
cleaning up contamination if they interfere with the existing cleanup, exacerbate existing
contamination, or cause a new release of contamination.

EPA is willing to discuss potential liability issues, including qualifications for BFPP status, with
prospective purchasers and their lenders. Please note that EPA cannot give prospective purchasers
legal advice.  Legal advice must be sought from private legal  counsel, but EPA can explain the
available liability protections.
        Criteria for All Appropriate Inquiry
       Site inquiry by environmental professional
       Interviews with past/present owners
       Review of historical sources of information
       Search for recorded cleanup liens
       Review of federal, state and local records
       Visual inspection of site
       Specialized knowledge of BFPP
       Relationship of purchase price to value of
       property
       Commonly known/reasonably ascertainable
       information
       Obviousness of presence of contamination
Although a purchaser who achieves and
maintains BFPP status is not responsible for
existing contamination, situations may arise
where the purchaser may nonetheless want to
voluntarily clean up a site, rather than wait
for the potentially responsible party or the
government to do it.

When appropriate, EPA will enter into an
agreement with a BFPP willing to perform a
cleanup action at a site. EPA has developed a
model agreement for BFPPs that is available
on EPA's Web  site at
http://www.epa.gov/compliance/resources/pol
icies/cleanup/superfund/bfpp-ra-mem.pdf.
There are many reasons why a BFPP may want to perform a cleanup:

•  Faster Cleanup: a BFPP may be able to clean up a site more quickly;

•  Better Coordination:  a BFPP may  be  better able to  coordinate cleanup activities into its reuse
   and/or redevelopment plans;

•  Purchasing Incentives: a BFPP may be able to negotiate a lower purchase price from the seller
   by undertaking cleanup work that the seller would otherwise be responsible for;

•  Windfall Lien Settlements: a BFPP may be able to settle a windfall lien by agreeing to perform
   all or part of a necessary cleanup; and/or

•  Cost Recovery:  a BFPP performing a cleanup action may be  entitled to cost recovery  from
   responsible parties under appropriate circumstances.
Top 10 Questions to Ask When Buying a Superfund Site

-------
5. DO I NEED A DOCUMENT FROM EPA CONFIRMING THA TI HAVE BFPP STA TVS?

No, the BFPP provision is self-implementing. This means that a prospective purchaser may
achieve, and after the purchase, maintain BFPP status without obtaining approval or oversight from
EPA.  In appropriate circumstances, however, EPA may issue a comfort/status letter to prospective
purchasers or their lenders to describe:

   •   the cleanup status of a site;

   •   anticipated future cleanup actions overseen by EPA, if any;

   •   the available liability protection provisions;

   •   the site-specific reasonable steps a purchaser should take with respect to the appropriate care
       criteria; and

   •   the status of any EPA liens.

EPA recommends that prospective purchasers contact the appropriate EPA Regional office prior to
purchase of a Superfund site to discuss the cleanup status of the site and other site-related issues. EPA
Regional Superfund Redevelopment Initiative contact information is available on EPA's Superfund
Web site at http://www.epa.gov/superfund/programs/ recycle/contact/redevelopment.html. In addition,
EPA strongly encourages prospective purchasers to contact the state environmental protection agency
where the site is located to discuss potential state issues such as liability and additional cleanup.
                            Minnesota now boasts a park, a residential
                            development, and a pond that provides wildlife
                            habitats.
Top 10 Questions to Ask When Buying a Superfund Site

-------
6. AS THE PROPERTY O WNER, WILL I BE RESPONSIBLE FOR ONGOING OR FUTURE
   CLEANUP A CTIONSA T THE SITE?

No, a property owner with BFPP status generally will not be responsible for the ongoing or
future cleanup actions, beyond resolving any applicable liens. However, certain responsibilities
associated with BFPP status may involve actions to prevent or mitigate releases of contamination. For
example, in certain circumstances, BFPPs may need to take reasonable steps to stop continuing
releases, prevent threatened future releases, and prevent or limit human, environmental, or natural
resource exposure to earlier releases of contamination.

Examples of reasonable steps to fulfill appropriate care obligations could include, but may not be
limited to, actions such as:

    .   providing notice of contamination to appropriate governmental officials;
       assessing threats after the discovery of contamination;
       restricting site access by erecting and maintaining signs and perimeter fences;
    .   segregating and containing deteriorating drums;
    .   identifying unknown materials in deteriorating drums; or

       maintaining and repairing existing on-site hazardous waste containment systems.

EPA has issued guidance, questions and answers, and a sample comfort/status letter on appropriate
care and reasonable steps that are available on EPA's Web site at http://www.epa.gov/compliance/
resources/policies/cleanup/superfund/common-elem-guide.pdf.

A FAQs fact sheet addressing reasonable steps is available on EPA's Web site at
http://www.epa.gov/compliance/resources/policies/cleanup/superfund/common-elem-ref.pdf
                                              At the Avtex Fibers Superfund site
                                              in Front Royal, Virginia, EPA
                                              served in an advisory capacity to
                                              the local Economic Development
                                              Authority (EDA), the U.S. Soccer
                                              Foundation, and FMC Corporation
                                              as site stakeholders worked together
                                              to build four soccer fields on the
                                              site. September 2006 marked the
                                              opening of the Skyline Soccerplex.
                                              The EDA is continuing with
                                              redevelopment efforts for a
                                              commercial/industrial park and a
                                              nature conservation area.
Top 10 Questions to Ask When Buying a Superfund Site

-------
7. ARE THERE LIMITATIONS ON HOW I CAN USE THE SITE AND, IF SO, HOW CAN I FIND
   OUT WHETHER ANY PROPERTY USE RESTRICTIONS ARE IN EFFECT AND WHAT THEY
   ARE?

THERE may be limits on uses of the site or properties within the site.  The statutory criteria for
maintaining BFPP status include not impeding the integrity or effectiveness of institutional controls
(ICs) and complying with all land use restrictions. Accordingly, prospective purchasers must
determine whether any temporary, permanent, or future use restrictions (such as ICs) are or will be
placed on the site during cleanup or post-cleanup, whether these are short or long-term use restrictions,
and how these use restrictions may affect their plans for the property.

In some cases, BFPPs may be asked to implement appropriate property use restrictions after
purchasing  the property. Prospective purchasers must also determine if engineered controls, such as a
clay cap or  monitoring wells, limit what they can do at the site property.
EPA encourages BFPPs to inquire about
property restrictions before they purchase
the site. Prospective purchasers can find
out whether any use restrictions may apply
to the site property now, or in the future,
by contacting EPA's Regional office, the
state environmental agency and/or the
local government, and by talking to the
current property owner. If a BFPP
purchases a site before EPA has made a
final cleanup decision, EPA may be unable
to predict what property use restrictions
may need to be implemented in the future.
Prospective purchasers can also find out
information on use restrictions in effect by
performing all appropriate inquiries. (See
Question 4  for more information on all
appropriate inquiries.)

To ensure that BFPP liability protection is maintained, it is important that all the property use
restrictions are implemented and followed and that the BFPP's use of the site does not adversely affect
or impede the cleanup.

Enforcement of property use restrictions established as part of a cleanup (e.g., restricting site property
for commercial uses only) is normally overseen by the state or local government.  Where
contamination is left in place above unrestricted use levels, EPA (or the state) is required by law to
conduct periodic reviews (at least every five years) to examine how the cleanup is functioning and
whether it remains protective.
Top 10 Questions to Ask When Buying a Superfund Site

-------
8. DOES EPA USE LIENS THAT COULD AFFECT ME IF I ACQUIRE A SITE OR PROPERTY
    WITHIN A SITE AND HO W CANIRESOL VE OR SETTLE AN EPA LIEN?

EPA uses two types of liens that may affect site property: Superfund liens and windfall liens.
A Superfund lien entitles EPA to recover cleanup costs that EPA has incurred from the property
owner. A windfall lien is potentially applicable to a site property if the owner is a BFPP.  The windfall
lien is designed to prevent an entity from realizing an unfair windfall from the purchase of a property
that has been cleaned up using taxpayer dollars. EPA's potential cost recovery under a windfall lien is
limited to the increase in fair market value of the property attributable to the cleanup or the United
States' unrecovered response costs, whichever is less.  BFPPs should contact their EPA Regional
office regarding the existence of a lien or EPA's future intentions to  perfect a lien on the property.

The MDI Site in Houston, Texas is located two miles east of downtown and is near an environmental justice
community. EPA and the U.S. Department of Justice worked with the bankruptcy trustee to ensure that the purchaser
of the site committed to perform the on-site cleanup work. This was the first settlement in which a BFPP agreed to
perform the cleanup work at a Superfund site.
Both of these liens can be released or waived upon satisfaction before the purchase of the site. The
satisfaction amount may be negotiated with EPA and would be embodied in a settlement agreement.

EPA may seek cash consideration, performance of work, or a combination of such consideration in
connection with the lien releases and waivers.  Because EPA liens affect the total value of the
property, lien settlement negotiations need to include EPA, the current property owner, and the BFPP.
Often the liens can be resolved or settled concurrently because both the  Superfund lien and the
windfall lien draw from the same available equity in a property.  In addition, EPA may also issue a
comfort/status letter to prospective purchasers  or their lenders to describe the status of any EPA liens.

EPA has issued guidance, a model settlement document, and a sample comfort/status letter on windfall
liens that are available on EPA's Web site at http://www.epa.gov/compliance/resources/policies/
cleanup/superfund/interim-windfall-lien.pdf.

EPA also has issued guidance and model notice letter on the timing and administrative procedures for
EPA filing notice of a windfall lien on a property after acquisition by a BFPP that is available on
EPA's Web site at http://www.epa.gov/compliance/resources/policies/cleanup/superfund/wf-admin-
mem.pdf.

A FAQs fact sheet on windfall liens is available on EPA's Web site at http://www.epa.gov/
compliance/resources/policies/cleanup/superfund/interim-windfall-lien-faq.pdf
Top 10 Questions to Ask When Buying a Superfund Site
10

-------
9. COULD I ENCOUNTER PROBLEMS WHEN I TRY TO GET FINANCING TO BUY A SITE
   OR BORROW FOR IMPROVEMENTS AND HOW CAN EPA HELP?

CHANGES to the federal Superfund law addressed many lender concerns, but prospective
purchasers might still experience problems. In the past, lenders were reluctant to provide
financing for the purchase of Superfund sites because of concerns about:
   •  lender liability;
   •  potential liability of the owner affecting the owner's ability to repay the loan;  and
   •  the impact of the contamination on the value of the site property that secures the loan.

These concerns are diminishing. A 1996 amendment to the federal Superfund law protects lenders
from federal Superfund liability when the lenders comply with certain statutory requirements.  In
particular, the lenders may not participate in the management of the facility.

Use of environmental insurance policies is increasingly alleviating lenders' concerns  about financial
risks at Superfund sites.  The passage of time and increased reuse of brownfields and  Superfund sites
are demonstrating to lenders the significant financial value that these properties have  and the
potentially low risks of financing their purchase and redevelopment.

In addition, the Brownfield Amendments to the federal Superfund law, which provide for BFPP status
for new buyers, may provide assurance to lenders because these borrowers will not be liable and will
not affect their ability to repay the lender.

EPA has many tools to help alleviate lenders' concerns about financing contaminated properties,
including guidance documents, comfort/status letters, BFPP doing work agreements,  and Ready for
Reuse Determinations. EPA's willingness to work with buyers and their lenders makes the acquisition
of Superfund properties more feasible than ever before.
10. WHAT CAN EPA DO TO HELP A PROSPECTIVE PURCHASER DECIDE, AND CONVINCE
   LENDERS, TENANTS, AND OTHERS, THAT BUYING A SUPERFUND SITE IS A GOOD
   IDEA ?
EPA has tools that can be used to demonstrate that buying or using a Superfund site can be a
great opportunity. Some of these tools include:
   •   Comfort/Status Letters: EPA may issue
       comfort/status letters to address the following:
      . status of the site;
      . future anticipated actions at the site;
      . available liability protections;
      . reasonable steps that a purchaser should take to
        stop any on-going releases and prevent future
        releases at sites where EPA has this
        information; and
      . the status of EPA liens.
                    Tennessee acquired
the Arlington Blending & Packaging site in
2004 after EPA issued a comfort/status letter
and a Ready for Reuse Determination. Today
the site is an active neighborhood park.
Top 10 Questions to Ask When Buying a Superfund Site
                                  11

-------
   •   Ready for Reuse (RfR) Determinations:  EPA may issue an RfR Determination to affirm that
       a site's conditions are protective of human health and the environment for specific types of
       uses.

   •   BFPP "Doing Work" Agreements:  EPA may enter into a settlement agreement with a BFPP
       who wishes to perform part or all of a cleanup.  The agreement provides for EPA oversight and
       may satisfy part or all of any windfall lien.

   •   Lien Settlements: EPA is willing to enter into negotiations and settlement agreements to
       resolve lien issues and facilitate reuse.

   •   Discussions:  EPA Regional staff is often available to talk with or meet with prospective
       purchasers, sellers, lenders, and other stakeholders to discuss the issues critical to the
       successful purchase and reuse of a Superfund site.  Providing examples of other Superfund
       sites that were successfully redeveloped and are now in reuse can also reassure local citizens
       and stakeholders about revitalization opportunities.
       Site Reuse Fact Sheets: EPA's Superfund
       Redevelopment Initiative Web site at
       http://www.epa.gov/superfund/programs/recycle/
       provides summary information about Superfund sites
       that have been reused. Detailed fact sheets for some
       sites are also available and may include data on
       economic impacts and environmental and social
       benefits resulting from the reuse of Superfund sites.

       Partial Deletions: While total cleanup of a site may
       take many years, many sites on EPA's  national
       priorities list (NPL) include portions that have been
       cleaned up and may be available for  productive use.
       These portions may be partially deleted from the NPL
       if EPA makes a determination that no further cleanup
       work is required, the state concurs, and necessary
       institutional controls are in place. Any person,
       including individuals, businesses, entities, states,
       local governments, and other federal agencies, may
       submit a petition requesting a partial deletion. EPA
       will evaluate the request and make a determination
       whether to proceed. A partial deletion  of a portion of
       a Superfund site from the NPL can help to increase
       the site's marketability.  Please note:  EPA
       Superfund liens may still apply to the deleted parcel.
        RmrUtDu Wliloprn if

The Site Reuse Fact Shcci iui me
Cascade Park Gasification Site in
Tallahassee, Florida addresses the
site's history, cleanup status,
infrastructure upgrades, and how city
residents will be able to enjoy a new
public park and trail system when the
cleanup is complete.
More  information  on  partial   deletions  is   available  on  EPA's  Superfund  Web  site   at
http://www.epa.gov/superfund/cleanup/postconstruction/deletion.htm.

Information about many of these tools can also be found  on EPA's Landowner Liability Protections
Web page at http://www.epa.gov/compliance/cleanup/revitalization/landowner.html.
Top 10 Questions to Ask When Buying a Superfund Site
                               12

-------