Liability
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A list of resource documents developed by EPA is presented in the EPA Liability Resource Documents Exhibit.
Exhibit: EPA Liability Resource Documents
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Topic
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Document Title
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Summary
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Brownfields Federal Statutory Overview
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Brownfields Handbook: How to Manage Federal Environmental Liability Risks EPA, November 2002
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This handbook summarizes the statutory and regulatory provisions of CERCLA and RCRA, and the policy and guidance documents most useful in managing environmental cleanup liability risks associated with revitalization sites.
The handbook also summarizes related documents and provides copies of relevant fact sheets and other documents, and lists EPA headquarters and regional contacts for cleanup and reuse issues. Designed for use by parties involved in the assessment, cleanup, and reuse of brownfields, this handbook provides a basic description of the purpose, applicability, and provisions of each tool.
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Scope and application of certain liability exemptions of the 2002 CERCLA Amendments
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The 2002 Brownfields Amendments to the Superfund law provide conditional CERCLA liability protection to landowners who qualify as bona fide prospective purchasers, contiguous property owners or innocent landowners.
This guidance document provides clarification of the “Common Elements” that are the statutory threshold criteria and ongoing obligations landowners must meet to qualify as a bona fide prospective purchaser, contiguous property owner, or innocent landowner.
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Windfall Liens
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This memorandum discusses the United States Environmental Protection Agency’s (“EPA” or “Agency”) and the Department of Justice’s (DOJ) implementation of new Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 107(r), the “windfall lien” provision of the Small Business Liability Relief and Brownfields Revitalization Act (“Brownfields Amendments”), P.L. 107-118. This interim policy describes how EPA and DOJ will generally exercise their enforcement discretion in the context of the new CERCLA § 107(r) windfall lien provision.
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Liability
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EPA has been working with states and municipalities to develop guidance that will provide some assurance that, under specified circumstances, prospective purchasers, lenders, and property owners do not need to be concerned with CERCLA liability. The guidance clarifies the liability of certain parties’ associations with activities at a site, and clearly states EPA’s decision to use its enforcement discretion not to pursue such parties. EPA anticipates that these clear statements of their position will alleviate any concerns parties may have in becoming involved in the cleanup and revitalization of sites.
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Policy Toward Owners of Property Containing Contaminated Aquifers
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EPA issued guidance outlining its 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.
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Guidance on Agreements with Prospective Purchasers of Contaminated Property
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EPA issued guidance outlining situations under which they may enter into an agreement not to file a lawsuit against a purchaser of property that was contaminated prior to the purchase.
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Model Comfort Letter Clarifying National Priority List (NPL), Uncontaminated Parcel Identifications, and CERCLA Liability Involving Transfers of Federally Owned Property
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EPA issued this model comfort letter clarifying common myths about NPL listing and CERCLA liability, and highlighting certain provisions concerning the transfer of federally owned properties.
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Policy on the Issuance of Comfort/Status Letters
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EPA issued this memorandum to describe the policy on requests from parties for some level of “comfort” that if they purchase, develop, or operate on a revitalized property, EPA will not pursue them for the costs to clean up any contamination resulting from the previous use that was not addressed despite good-faith efforts to do so.
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Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996
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This act includes lender and fiduciary liability amendments to CERCLA, amendments to the secured creditor exemption set forth in Subtitle I of RCRA, and validation of the portion of the CERCLA Lender Liability Rule that addresses involuntary acquisitions by government entities. The amendments made by the act apply to all claims not finally adjudicated as of September 30, 1996, which include all cases that are in the process of being settled.
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Policy on CERCLA Enforcement Against Lenders and Government Entities That Acquire Property Involuntarily
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EPA issued guidance describing the agency’s policy of not pursuing for cleanup costs those lenders who provide money to an owner or developer of a contaminated property, but do not actively participate in the daily management of the property. The guidance also clarifies what is meant by “involuntary” acquisition by a government entity.
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Underground Storage Tank (UST) Lender Liability Rule
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EPA issued this rule clarifying when a lender may be exempt from liability for loans on properties containing USTs.
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Guidance on Deferral of NPL Listing Determinations While States Oversee Response Actions
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EPA guidance that provides a framework for Regions, States, and Federally-recognized Tribes to determine the most appropriate, effective, and efficient means to address more sites more quickly than EPA otherwise would address them.
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National Brownfield's Association White Paper on Property Transaction Comfort
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This white paper describes available tools that can define, minimize, and/or avoid the transfer of environmental liabilities and the subsequent environmental costs directly related to acquiring property ownership in Ohio. These available tools are presented as a six-step process designed to achieve the level of property transaction comfort required to manage environmental liabilities, enable project financing, and complete brownfield transactions.
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A list of resource links for environmental laws and trends is presented in the Environmental Law Information Exhibit.
Exhibit: Environmental Law Information
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Organization
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Topic
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American Bar Association
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Environmental Law Net
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EPA
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EPA
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EPA
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EPA
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EPA
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EPA
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EPA
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