United States
Environmental Protection
Agency
Office of Solid Waste and
Emergency Response
OSWER#9365.0-33-FS
Date: February 12, 2004
SUPERFUND READY FOR REUSE DETERMINATION GUIDANCE
Fact Sheet
Where can I obtain a copy of EPA's Superfund
Ready for Reuse (RfR) Determination
Guidance?
conditions and use limitations identified in the
site's response decision documents and land title
documents continue to be met.
EPA's guidance entitled "Guidance for
Preparing Superfund Ready for Reuse
Determinations " is available at
www.epa.gov/superfund/programs/recycle/rfrgui
dance.pdf. The transmittal memo for the
guidance is available at
www. epa .gov/super fund/pr ograms/recycle/rfrme
mo.pdf.
What is a RfR determination and what is its
purpose?
The RfR determination is an environmental
status report that documents a technical
determination by EPA, in consultation with
States, Tribes, and local governments, that all or
a portion of a real estate property can support
specified types of uses and remain protective of
human health and the environment. The RfR
determination is intended to aid the real estate
marketplace by making an affirmative statement,
written in plain English and accompanied by
supporting decision documentation, that a site
identified as ready for reuse will remain
protective as long as all required response
The policies and procedures set forth herein are
intended as guidance to Agency and other government
employees. They do not constitute rule making by the
Agency, and may not be relied on to create a
substantive or procedural right enforceable by any
other person. The Government may take action that is
at variance with the policies and procedures in this fact
sheet.
Do RfR determinations address CERCLA
liability?
No. RfR determinations are limited to technical
matters and reflect only the environmental status
of property, not the activities taken by
individuals. Therefore, RfR determinations do
not provide any legal rights or legally enforceable
commitments, and do not include any statements
about EPA's enforcement intentions or any
party's potential liability regarding a specific
site.
What properties are eligible for RfR
determ inations?
RfR determinations can be issued for proposed
and final NPL sites, non-time critical removal
action sites, and Superfund Alternative sites.
Is a RfR determination necessary before a site
can be reused?
No. Although RfR determinations may help
facilitate reuse activities at certain sites, the
majority of sites will not be expected to have RfR
determinations because RfR determinations are
not necessary to support site reuse. However, in
certain circumstances, RfR determinations may
have considerable value as a tool that provides
information to the marketplace. EPA Regions
have discretion in deciding whether to issue RfR
determinations. If an individual requests a RfR
determination, EPA Regions should balance the
potential value of a RfR determination in
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supporting site reuse with the work involved,
considering other program priorities and the
availability of resources.
What is the appropriate timing for issuing RfR
determinations ?
RfR determinations are intended to help site
owners understand that the contamination on the
property has been addressed and the property is
ready for reuse. However, EPA will not issue a
RfR determination until:
• the site meets CERCLA standards of
protectiveness and EPA is not aware of
any potential circumstances or any EPA,
state, or local government environmental
restrictions that would make the site
conditions not protective for the types of
uses addressed in the RfR determination;
• a ROD or other response decision
document has been issued giving the
public notice of the exposure pathways
and risks evaluated for the site;
• after institutional controls required by
the ROD or other decision documents
have been implemented; and
• after consultation with affected state,
tribal, and local governments.
A few limited exceptions to these principles exist.
Please see the guidance for details.
Can RfR determinations prohibit uses of
property?
No. A RfR determination does not prohibit or
prescribe specific uses of property; instead, it
states that EPA has determined that a site's
conditions, including restrictions, are protective
for specific types of uses. The actual selection
and determination of the specific land use for a
site remains within the jurisdiction of the local
government, and RfR determinations should be
consistent with and not supercede such decisions.
How can I get more information about
Superfund Ready for Reuse determinations?
For questions regarding a Ready for Reuse
determination for a specific site, interested
parties should contact the site's Remedial Project
Manager in the appropriate EPA Regional Office
(www.epa.gov). For questions about the
implementation of the guidance and EPA's
Superfund Redevelopment Initiative, please
contact Melissa Friedland at
friedland.melissa@epa.gov or (703) 603-8864.
Further information about the initial RfR
determinations already completed is available at
http://www.ep a. gov/super fund/programs/recycle/
reuse/index.htm.
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