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The 2011 Revitalization Handbook
"Revitalizing Contaminated Sites: Addressing Liability Concerns (The Revitalization Handbook)" (2011 Edition) summarizes the federal statutory provisions and EPA policy and guidance documents that address the potential liability concerns of parties involved in the cleanup and revitalization of contaminated sites.
The updated and reissued handbook, first issued in 1998, discusses the statutory protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly known as Superfund), initiatives and guidance, and potential liability concerns under the Resource Conservation and Recovery Act (RCRA).
On this page:
Since the 2011 edition of the handbook was published, EPA has issued new guidance and tools to clarify and address liability issues.
- Transmittal of “Revised Enforcement Guidance Regarding the Treatment of Tenants Under the CERCLA Bona Fide Prospective Purchaser Provision” and Model Comfort/Status Letters for Lessees at Renewable Energy Projects (December 5, 2012). Transmittal memorandum, guidance and three model language comfort/status letters addressing the potential applicability of the BFPP provision under Superfund to tenants.
- Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites (PDF) (December 4, 2012). Guidance for site managers, attorneys, and other interested parties for planning, implementing, maintaining and enforcing (PIME) institutional controls for Superfund, brownfields, underground storage tanks, Resource Conservation and Recovery Act (RCRA), and federal faclity cleanups.
- Enforcement Discretion Guidance Regarding the Affiliation Language of CERCLA's Bona Fide Prospective Purchaser and Contiguous Property Owner Liability Protections (September 21, 2011). Certain liability protections require that a party who wishes to be treated as exempt from Superfund liability cannot be ''affiliated with" another party who is potentially liable under Superfund at a facility. This guidance clarifies EPA's enforcement discretion regarding the affiliation requirement.
- Siting Renewable Energy on Contaminated Properties: Addressing Liability Concerns (March 2011). Fact sheet provides answers to some common questions that developers of renewable energy projects on contaminated properties may have regarding potential laiblity for cleaning up contaminated properties.
EPA plans to incorporate the above and future documents into a future edition of the handbook.