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Policy and Guidance
Policy and Guidance
Brownfields
Brownfields
Cleanup Enforcement Policy & Guidance
Interim
Enforcement Discretion Guidance Regarding Contiguous Property Owners,
January 2004 (PDF) (11pp, 89K, About PDF)
Guidance on how enforcement discretion may be applied to landowners whose
property may be contaminated by a neighbor's actions.
Final
Consensus Draft of All Appropriate Inquiry Standards, November 2003 (PDF)
(pp, 128K, About PDF)
Negotiated Rulemaking Committee final consensus draft of all appropriate
inquiry standards required to be developed by the 2002 Brownfields law.
Guidance
on Windfall Lien Provisions under the Brownfields Law, July 2003 (PDF) (32pp, 395K, About PDF)
EPA/DOJ interim guidance on how they generally intend to exercise their
enforcement discretion in the context of the new windfall lien provision
of the Brownfields Law.
Interim
Guidance Regarding Criteria Landowners Must Meet in Order to Qualify for
Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent
Landowner Limitations on CERCLA Liability (PDF) (22pp, 375K, About PDF)
Interim guidance discussing the criteria and obligations that must be
met to obtain landowner liability protection under CERCLA and the Brownfields
law.
Policy
on Regional Determinations Regarding Which Sites Are Not Eligible Response
Sites under CERCLA Section 101(41)(C)(i), March 2003 (PDF) (11 pp, 394K, About PDF)
Guidance document regarding determining which properties should be excluded
from the eligible response sites definition under the Brownfields Law.
Interim
Guidance Regarding Liability Limitations in the Brownfields Law (Common
Elements Guidance), March 2003 (PDF) (22pp,
375K, About PDF)
Interim guidance regarding the elements common to several liability limitation
provisions in the Brownfields Law: bona fide prospective purchasers, innocent
landowners, and contiguous property owners.
New Federal
Brownfields Partnership Action Agenda, November 2002 (PDF) (41 pp, 258K, About PDF)
Compilation of more than 100 commitments that the participating federal
agencies will undertake in partnership to help communities deal with brownfields
and associated problems.
Guidance on
Bona Fide Prospective Purchasers, May 2002 (PDF) (5 pp, 41K, About PDF)
Guidance on bona fide prospective purchasers and PPAs under the Brownfields
law.
Brownfields
Legislation, January 2002 (PDF) (26 pp, 206K, About PDF)
Law codifies and expands Brownfields Program, boosts funding for assessment
and cleanup, enhances roles for state and tribal response programs, and
clarifies Superfund liability.
Brownfields Tax Incentive Extended and Expanded, December 2000
Brownfields National
Partnership Action Agenda Accomplishments Report, November 1999
Report documents accomplishments from the 1997 Action Agenda
Brownfields
Tax Incentive Law, August 1997 (PDF) (4 pp,
13K, About PDF)
The Taxpayer Relief Act includes the Brownfields Tax Incentive
Brownfields
National Partnership Action Agenda, May 1997 (PDF) (17 pp, 189K, About PDF)
Reflects approximately $13 million in resources from more than 15 federal
partner agencies.
Asset
Conservation, Lender Liability, and Deposit Insurance Protection Act of
1996
Lender liability amendments to CERCLA and UST; validation of portion of
CERCLA Lender Liability Rule.
Brownfields Action
Agenda, January 1995 (PDF) (16 pp, 101K, About PDF)
Marks the official beginning of EPA's Brownfields Economic Development
Initiative.
Policy on the Issuance of Comfort/Status Letters
Policy designed primarily as a liability relief tool to assist parties
who seek to cleanup and reuse brownfields. More information is available
from the guidance
and a model comfort/status
letter
Policy Toward Owners
of Property Containing Contaminated Aquifers
Policy outlining the Agency's policy of not suing property owners for
groundwater contamination of an aquifer underlying the property if the
owner did not cause or contribute to the contamination.
Prospective Purchasers
Agreements Guidance
Guidance providing information about EPA's approach to developing prospective
purchaser agreements and covenants not to sue under the new Brownfields
law.
Proposed Rule on
All Appropriate Inquiries
EPA's Proposed Rule: Standards and Practices for All Appropriate Inquiries
was signed by the EPA Administrator and published in the Federal Register
on August 26, 2004. The proposed rule would establish specific regulatory
requirements for conducting all appropriate inquiries into the previous
ownership, uses, and environmental conditions of a property for the purposes
of qualifying for certain landowner liability protections under CERCLA.