Enforcement

Guidance: Treatment of Tenants under CERCLA's Bona Fide Prospective Purchaser (BFPP) Provision and Model Documents

Transmittal memorandum, guidance, and three model documents addressing the potential applicability of the bona fide prospective purchaser (BFPP) provision under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund) to tenants.  The model comfort/status letters are for lessees at renewable energy projects. Issued 12/5/2012.

(The guidance in this transmittal package supersedes the 1/14/2009 Enforcement Discretion Guidance Regarding the Applicability of the Bona Fide Prospective Purchaser Definition in CERCLA 101(40) to Tenants policy document.)

You will need Adobe Reader to view some of the files on this page. See EPA’s About PDF page to learn more.