Guidance sets forth EPA's policy on landowner liability, and settlement with de minimis landowners under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund). The guidance analyzes the statutory language in sections 107(b)(3) and 101(35) - defenses to Superfund liability, and section 122(g)(1)(B) - authority to enter into de minimis settlements. Issued 6/6/1989.
The discussion in this document concerning prospective purchaser agreements (PPAs) is superseded by the 5/24/1995 Guidance on Agreements with Prospective Purchasers of Contaminated Property (PDF).
Attachments 1 and 2 to the 1989 guidance (the de minimis land administrative order on consent and consent decree are superseded by model documents issued 9/26/2014 and available on the Cleanup Enforcement Model Language and Sample Documents Database and transmitted by the "Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models."
- Guidance on Landowner Liability under Section 107(a)(1) of CERCLA, De Minimis Settlements under Section 122(g)(1)(B) of CERCLA and Settlements with Prospective Purchasers of Contaminated Property (PDF)(56 pp, 3 MB)