Top 10 Questions to Ask When Buying a Superfund Site

MAY 2008

EPA-330-F-08-001

Top 10 Questions to Ask When

Buying a Superfund Site

Office of Enforcement and Compliance Assurance Office of Solid Waste and Emergency Response

Office of Site Remediation Enforcement Office of Superfund Remediation and Technology Innovation

The purpose of this document is to provide answers to some of the questions that a prospective

purchaser may have when considering whether to purchase property at a privately owned Superfund

site.

The U.S. Environmental Protection Agency (EPA) supports the

reuse of Superfund sites and believes this document may be

useful in clarifying some of the opportunities and issues

associated with their reuse. For purposes of this document, a

Superfund site is defined as any property on EPA’s National

Priorities List (NPL) where a hazardous substance has been

released into the environment or has come to be located on or

under. Thus, even if a property is not the source of the release of

the contamination, it can be part of a Superfund site.

Information for Prospective Purchasers of Federally-Owned Superfund Sites

This document does not address the unique considerations associated with the purchase and transfer of real property on

federally-owned Superfund sites (also known as federal facilities). While many of the questions and answers in this document

are a useful starting point for prospective purchasers of property on federal facilities, Superfund cleanups at federal facilities

are governed by CERCLA § 120 which has requirements specific to these facilities. For example, federal facility agreements

between EPA and the current federal owner are required to address the clean up of these properties. A number of landowner

liability issues unique to federal facilities are raised in the context of transfers of federal property and have been addressed by

EPA guidance. While they warrant additional considerations, federal facilities are continuing to be cleaned up and purchased

by local governments and developers and put back into reuse. Additional information on EPA’s efforts to clean up federal

facilities and make them available for reuse is available at http://www.epa.gov/swerffrr/.

___________________

The Superfund program and the authority to clean up Superfund sites was created by the federal Superfund law which

is officially known as the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42

U.S.C. § 9601, et seq.

Disclaimer: This document is provided solely as general information to highlight certain aspects of a more comprehensive program. It

does not provide legal advice, have any legally binding effect, or expressly or implicitly create, expand, or limit any legal rights,

obligations, responsibilities, expectations, or benefits for any person. This document is not intended as a substitute for reading the statute

or the guidance documents described above. It is the prospective purchaser’s sole responsibility to ensure that its proposed use does not

interfere with or impede the site’s cleanup or protectiveness. EPA does not offer any guarantees or warranties as to the compatibility of a

proposed use with the cleanup. It is also the purchaser’s sole responsibility to maintain liability protection status as a bona fide

prospective purchaser.

Top 10 Questions to Ask When Buying a Superfund Site

The 2002 Superfund liability protections

are designed to be self-implementing, meaning that a

prospective purchaser does not need to obtain approval from EPA prior to purchasing a Superfund site

where an EPA cleanup or enforcement action is ongoing or has been completed. However, EPA

strongly recommends that prospective purchasers contact the appropriate EPA Regional office

prior to

purchasing a Superfund site or a property within a site to discuss the cleanup status of the site and

other site-related issues.

HY IS IT A GOOD IDEA TO BUY A PROPERTY WITHIN A SUPERFUND SITE

LOCATION, location, location. Many Superfund sites have advantageous and desirable locations.

Some federal, state, and local government agencies offer grants, loans, and tax incentives to encourage

development and revitalization of contaminated and formerly contaminated properties and surrounding

areas.

Superfund sites throughout the country have been transformed into major shopping centers, business

parks, residential subdivisions, and recreational facilities. Many more Superfund sites are being

revitalized for use by small businesses. A large number of Superfund sites are suitable for

revitalization even while cleanup on the property progresses. (See http://www.epa.gov/superfund/

programs/recycle/ for more information on revitalization of Superfund sites). Integrating the reuse of a

Superfund site into the cleanup can often occur smoothly, which minimizes future surprises regarding

undiscovered contamination.

A series of manufacturers at the

Industri-Plex Superfund site in

Woburn, Massachusetts once

produced chemicals, insecticides,

munitions, and glue products made

from raw and chrome-tanned animal

hides. A unique public/private

partnership has redeveloped the site

into a Regional Transportation Center,

a major commercial and retail district,

and a wetland preserve.

The 2002 Superfund liability protections were created by the Small Business Liability Relief and Brownfields

Revitalization Act, Pub. L. 107-118, also known as the “Brownfields Amendments,” which amended CERCLA.

Information on contacting EPA’s Regional offices is available on EPA’s Web site at

http://www.epa.gov/epahome/whereyoulive.htm#regiontext

Superfund sites are not eligible for grant funding under the Brownfields Amendments to CERCLA.

Top 10 Questions to Ask When Buying a Superfund Site

2. H

OW DO I FIND INFORMATION ON A SITE

’

S CLEANUP STATUS AND IF IT IS SAFE FOR

REUSE

EPA’S Regional contacts and internet sites will provide site-specific information. Much

information is available online. For example, fact sheets describing a site’s history, current cleanup

status, and who to contact for more information are available on EPA’s Superfund Web site at

http://cfpub.epa.gov/supercpad/cursites/srchsites.cfm.

The vast majority of Superfund sites are protective of human health and the environment for

certain types of reuse activities after they are cleaned up. However, not all site cleanups are

protective for all uses. Superfund cleanups may be designed to accommodate specific future uses. For

example, a property cleaned up to accommodate commercial/industrial uses may be protective for uses

such as manufacturing, shopping or office complexes but not for residential use. Many sites will have

use restrictions to protect the public and environment by limiting the site’s future uses to activities that

will not disturb the site’s engineered cleanup. In some cases, Superfund sites, or portions of the sites,

are protective enough such that site revitalization for certain uses can occur in conjunction with the

cleanup. Integrating cleanup and reuse can introduce economic efficiencies and enable the property to

be reused in a timely and appropriate manner throughout the cleanup process.

EPA also offers many tools to help facilitate the reuse of Superfund sites including:

• comfort/status letters

;

• site-specific reuse fact sheets;

• Ready for Reuse Determinations

;

• performance measures which indicate which sites or parts of sites are ready for their anticipated

use; and

• bona fide prospective purchaser “doing work” agreements. (See Question 10 for additional

information on these tools.)

Some EPA Regional offices have developed prospective purchaser inquiry procedures and schedule

conference calls or meetings with prospective purchasers to answer questions and discuss whether the

proposed use of the site is compatible with an ongoing cleanup, any current or future property use

restrictions on the site, resolution of potential liens, and other matters.

A comfort/status letter is intended to combat the stigma and concerns about cleanup liability at contaminated sites by

clarifying the cleanup status and likelihood of EPA involvement at a site. See Question 10 for more information on the

use of comfort/status letters..

A Ready for Reuse (RfR) Determination is an environmental status report documenting that EPA has made a technical

determination, in consultation with States, Tribes, and local governments, that all or a portion of the property at a

Superfund can support specified types of uses and remain protective of human health and the environment. The

guidance is available on EPA's Web site at http://www.epa.gov/superfund/programs/recycle/pdf/rfrguidance.pdf

Top 10 Questions to Ask When Buying a Superfund Site

OW DO I IDENTIFY ALL OF THE PARTIES I HAVE TO DEAL WITH TO BUY THE SITE

OR A PROPERTY WITHIN THE SITE AND HOW IS EPA INVOLVED

THERE is no simple solution to identify all of the parties associated with a Superfund site but

the process begins with the current owner. As with the purchase of any property, negotiations to

buy a Superfund site begin with the current owner who can be identified through property title or tax

records. EPA rarely owns the site being cleaned up. Generally, EPA’s Regional offices may assist in

addressing the following questions:

• What is the current status of a site’s cleanup and what are EPA’s future anticipated actions?

• Is the proposed redevelopment compatible with a site’s cleanup and with the existing and

potential future property use restrictions? Note: EPA does not offer guarantees of

compatibility.

• Is the prospective purchaser aware of the applicable landowner liability protections under

Superfund?

• How can EPA work with the prospective purchaser to settle or resolve any EPA liens?

EPA is willing to work with prospective purchasers to clarify a property’s cleanup status and potential

liability issues including the existence and satisfaction of EPA liens and property use restrictions.

States also have cleanup programs and prospective purchasers should contact the appropriate state

environmental agency to make certain they are aware of planned or ongoing state-lead cleanup actions

at the property.

Alcyon Lake in Pitman, New Jersey, had been

severely contaminated by the nearby Lipari

Landfill. EPA teamed with the state, local

government, and community to develop a cleanup

plan that allowed for the expansion of the park

and accelerated cleanup of the lake.

See Question 8 for more information on EPA liens.

Top 10 Questions to Ask When Buying a Superfund Site

4. I

F I BUY THE PROPERTY

WILL I BE RESPONSIBLE FOR PAST OR FUTURE CLEANUP

COSTS

IN most cases, a prospective purchaser will not be responsible for past or future Superfund

cleanup costs for existing contamination that is present on the property when the site is

purchased.

Criteria for Managing Liability as a BFPP

• All disposal of hazardous substances

occurred before acquisition

• The person made all appropriate inquiries

about the property before acquisition

• The person provided all legally required

notices with respect to discovery or

release of any hazardous substances at the

facility

• The person exercises appropriate care

with respect to hazardous substances

found at the facility by taking reasonable

steps to prevent releases

• The person provides full cooperation and

access to EPA

• The person complies with land use

restrictions in connection with the

response action and does not impede the

effectiveness of institutional controls

• The person complies with requests for

information and subpoenas

• The person is not potentially liable or

affiliated with a potentially responsible

party.

New purchasers are protected from owner or

operator liability under the Superfund law so

long as the new purchaser meets the definition of

a “bona fide prospective purchaser” (BFPP)

This BFPP provision states that a purchaser who

acquires a Superfund site or other contaminated

property after January 11, 2002, and who

complies with statutory criteria, will not incur

federal Superfund liability as an owner of the

property. (See text box “Criteria for Managing

Liability as a BFPP” on this page.)

To remain protected from Superfund liability for

the existing contamination at the site, a new

purchaser must achieve and maintain BFPP

status for as long as potential liability exists.

Potential liability exists for as long as

contamination remains on the property and/or the

statute of limitations on cost recovery actions is

in effect.

Although a BFPP is not personally liable, the

property itself could be subject to a lien as a

result of EPA incurring costs to clean up the site

(See Question 8 below).

Some of the criteria for obtaining BFPP status must be satisfied prior to acquiring a site or property

within the site. Other criteria for maintaining BFPP status are ongoing obligations that must be met

after purchase of the property.

42 U.S.C. § 9601(40).

Top 10 Questions to Ask When Buying a Superfund Site

One example of a threshold criterion that must be satisfied prior to purchase is that a BFPP must

perform “all appropriate inquiries” (AAI) concerning environmental conditions at the site. The final

rule for AAI, which sets forth standards for satisfying the criterion, became effective on November 1,

2006. Information on how to comply with the AAI regulation is available on EPA’s Web site at

http://www.epa.gov/brownfields/regneg.htm. (See text box “Criteria for All Appropriate Inquiry”.)

It is important to note that new purchasers who have achieved BFPP status could become liable for

cleaning up contamination if they interfere with the existing cleanup, exacerbate existing

contamination, or cause a new release of contamination.

EPA is willing to discuss potential liability issues, including qualifications for BFPP status, with

prospective purchasers and their lenders. Please note that EPA cannot give prospective purchasers

legal advice. Legal advice must be sought from private legal counsel, but EPA can explain the

available liability protections.

Criteria for All Appropriate Inquiry

• Site inquiry by environmental professional

• Interviews with past/present owners

• Review of historical sources of information

• Search for recorded cleanup liens

• Review of federal, state and local records

• Visual inspection of site

• Specialized knowledge of BFPP

• Relationship of purchase price to value of

property

• Commonly known/reasonably ascertainable

information

• Obviousness of presence of contamination

Although a purchaser who achieves and

maintains BFPP status is not responsible for

existing contamination, situations may arise

where the purchaser may nonetheless want to

voluntarily clean up a site, rather than wait

for the potentially responsible party or the

government to do it.

When appropriate, EPA will enter into an

agreement with a BFPP willing to perform a

cleanup action at a site. EPA has developed a

model agreement for BFPPs that is available

on EPA’s Web site at

http://www.epa.gov/compliance/resources/pol

icies/cleanup/superfund/bfpp-ra-mem.pdf.

There are many reasons why a BFPP may want to perform a cleanup:

• Faster Cleanup: a BFPP may be able to clean up a site more quickly;

• Better Coordination: a BFPP may be better able to coordinate cleanup activities into its reuse

and/or redevelopment plans;

• Purchasing Incentives: a BFPP may be able to negotiate a lower purchase price from the seller

by undertaking cleanup work that the seller would otherwise be responsible for;

• Windfall Lien Settlements: a BFPP may be able to settle a windfall lien by agreeing to perform

all or part of a necessary cleanup; and/or

• Cost Recovery: a BFPP performing a cleanup action may be entitled to cost recovery from

responsible parties under appropriate circumstances.

Top 10 Questions to Ask When Buying a Superfund Site

O I NEED A DOCUMENT FROM EPA CONFIRMING THAT I HAVE BFPP STATUS

NO, the BFPP provision is self-implementing. This means that a prospective purchaser may

achieve, and after the purchase, maintain BFPP status without obtaining approval or oversight from

EPA. In appropriate circumstances, however, EPA may issue a comfort/status letter to prospective

purchasers or their lenders to describe:

• the cleanup status of a site;

• anticipated future cleanup actions overseen by EPA, if any;

• the available liability protection provisions;

• the site-specific reasonable steps a purchaser should take with respect to the appropriate care

criteria; and

• the status of any EPA liens.

EPA recommends that prospective purchasers contact the appropriate EPA Regional office prior to

purchase of a Superfund site to discuss the cleanup status of the site and other site-related issues. EPA

Regional Superfund Redevelopment Initiative contact information is available on EPA’s Superfund

Web site at http://www.epa.gov/superfund/programs/ recycle/contact/redevelopment.html. In addition,

EPA strongly encourages prospective purchasers to contact the state environmental protection agency

where the site is located to discuss potential state issues such as liability and additional cleanup.

Once contaminated with coal tar and creosote, the

Reilly Tar & Chemical site in St. Louis Park,

Minnesota now boasts a park, a residential

development, and a pond that provides wildlife

habitats.

Top 10 Questions to Ask When Buying a Superfund Site

S THE PROPERTY OWNER

WILL I BE RESPONSIBLE FOR ONGOING OR FUTURE

CLEANUP ACTIONS AT THE SITE

NO, a property owner with BFPP status generally will not be responsible for the ongoing or

future cleanup actions, beyond resolving any applicable liens. However, certain responsibilities

associated with BFPP status may involve actions to prevent or mitigate releases of contamination. For

example, in certain circumstances, BFPPs may need to take reasonable steps to stop continuing

releases, prevent threatened future releases, and prevent or limit human, environmental, or natural

resource exposure to earlier releases of contamination.

Examples of reasonable steps to fulfill appropriate care obligations could include, but may not be

limited to, actions such as:

• providing notice of contamination to appropriate governmental officials;

• assessing threats after the discovery of contamination;

• restricting site access by erecting and maintaining signs and perimeter fences;

• segregating and containing deteriorating drums;

• identifying unknown materials in deteriorating drums; or

• maintaining and repairing existing on-site hazardous waste containment systems.

EPA has issued guidance, questions and answers, and a sample comfort/status letter on appropriate

care and reasonable steps that are available on EPA's Web site at http://www.epa.gov/compliance/

resources/policies/cleanup/superfund/common-elem-guide.pdf.

A FAQs fact sheet addressing reasonable steps is available on EPA’s Web site at

http://www.epa.gov/compliance/resources/policies/cleanup/superfund/common-elem-ref.pdf.

At the Avtex Fibers Superfund site

in Front Royal, Virginia, EPA

served in an advisory capacity to

the local Economic Development

Authority (EDA), the U.S. Soccer

Foundation, and FMC Corporation

as site stakeholders worked together

to build four soccer fields on the

site. September 2006 marked the

opening of the Skyline Soccerplex.

The EDA is continuing with

redevelopment efforts for a

commercial/industrial park and a

nature conservation area.

Top 10 Questions to Ask When Buying a Superfund Site

7. A

RE THERE LIMITATIONS ON HOW I CAN USE THE SITE AND

IF SO

HOW CAN I FIND

OUT WHETHER ANY PROPERTY USE RESTRICTIONS ARE IN EFFECT AND WHAT THEY

ARE

THERE may be limits on uses of the site or properties within the site. The statutory criteria for

maintaining BFPP status include not impeding the integrity or effectiveness of institutional controls

(ICs) and complying with all land use restrictions. Accordingly, prospective purchasers must

determine whether any temporary, permanent, or future use restrictions (such as ICs) are or will be

placed on the site during cleanup or post-cleanup, whether these are short or long-term use restrictions,

and how these use restrictions may affect their plans for the property.

In some cases, BFPPs may be asked to implement appropriate property use restrictions after

purchasing the property. Prospective purchasers must also determine if engineered controls, such as a

clay cap or monitoring wells, limit what they can do at the site property.

EPA encourages BFPPs to inquire about

property restrictions before they purchase

the site. Prospective purchasers can find

out whether any use restrictions may apply

to the site property now, or in the future,

by contacting EPA’s Regional office, the

state environmental agency and/or the

local government, and by talking to the

current property owner. If a BFPP

purchases a site before EPA has made a

final cleanup decision, EPA may be unable

to predict what property use restrictions

may need to be implemented in the future.

Prospective purchasers can also find out

information on use restrictions in effect by

performing all appropriate inquiries. (See

Question 4 for more information on all

appropriate inquiries.)

To ensure that BFPP liability protection is maintained, it is important that all the property use

restrictions are implemented and followed and that the BFPP’s use of the site does not adversely affect

or impede the cleanup.

Enforcement of property use restrictions established as part of a cleanup (e.g., restricting site property

for commercial uses only) is normally overseen by the state or local government. Where

contamination is left in place above unrestricted use levels, EPA (or the state) is required by law to

conduct periodic reviews (at least every five years) to examine how the cleanup is functioning and

whether it remains protective.

Davie Landfill in Broward County, Florida has been

redeveloped into Vista View Park, which includes walking,

horseback riding, and bike trails; a picnic area; and a catch-and-

release fishing pond.

Top 10 Questions to Ask When Buying a Superfund Site

OES EPA USE LIENS THAT COULD AFFECT ME IF I ACQUIRE A SITE OR PROPERTY

WITHIN A SITE AND HOW CAN I RESOLVE OR SETTLE AN EPA LIEN

EPA uses two types of liens that may affect site property: Superfund liens and windfall liens.

A Superfund lien entitles EPA to recover cleanup costs that EPA has incurred from the property

owner. A windfall lien is potentially applicable to a site property if the owner is a BFPP. The windfall

lien is designed to prevent an entity from realizing an unfair windfall from the purchase of a property

that has been cleaned up using taxpayer dollars. EPA’s potential cost recovery under a windfall lien is

limited to the increase in fair market value of the property attributable to the cleanup or the United

States’ unrecovered response costs, whichever is less. BFPPs should contact their EPA Regional

office regarding the existence of a lien or EPA’s future intentions to perfect a lien on the property.

The MDI Site in Houston, Texas is located two miles east of downtown and is near an environmental justice

community. EPA and the U.S. Department of Justice worked with the bankruptcy trustee to ensure that the purchaser

of the site committed to perform the on-site cleanup work. This was the first settlement in which a BFPP agreed to

perform the cleanup work at a Superfund site.

Both of these liens can be released or waived upon satisfaction before the purchase of the site. The

satisfaction amount may be negotiated with EPA and would be embodied in a settlement agreement.

EPA may seek cash consideration, performance of work, or a combination of such consideration in

connection with the lien releases and waivers. Because EPA liens affect the total value of the

property, lien settlement negotiations need to include EPA, the current property owner, and the BFPP.

Often the liens can be resolved or settled concurrently because both the Superfund lien and the

windfall lien draw from the same available equity in a property. In addition, EPA may also issue a

comfort/status letter to prospective purchasers or their lenders to describe the status of any EPA liens.

EPA has issued guidance, a model settlement document, and a sample comfort/status letter on windfall

liens that are available on EPA’s Web site at http://www.epa.gov/compliance/resources/policies/

cleanup/superfund/interim-windfall-lien.pdf.

EPA also has issued guidance and model notice letter on the timing and administrative procedures for

EPA filing notice of a windfall lien on a property after acquisition by a BFPP that is available on

EPA’s Web site at http://www.epa.gov/compliance/resources/policies/cleanup/superfund/wf-admin-

mem.pdf.

A FAQs fact sheet on windfall liens is available on EPA’s Web site at http://www.epa.gov/

compliance/resources/policies/cleanup/superfund/interim-windfall-lien-faq.pdf.

Top 10 Questions to Ask When Buying a Superfund Site

OULD I ENCOUNTER PROBLEMS WHEN I TRY TO GET FINANCING TO BUY A SITE

OR BORROW FOR IMPROVEMENTS AND HOW CAN EPA HELP

CHANGES to the federal Superfund law addressed many lender concerns, but prospective

purchasers might still experience problems. In the past, lenders were reluctant to provide

financing for the purchase of Superfund sites because of concerns about:

• lender liability;

• potential liability of the owner affecting the owner’s ability to repay the loan; and

• the impact of the contamination on the value of the site property that secures the loan.

These concerns are diminishing. A 1996 amendment to the federal Superfund law protects lenders

from federal Superfund liability when the lenders comply with certain statutory requirements. In

particular, the lenders may not participate in the management of the facility.

Use of environmental insurance policies is increasingly alleviating lenders’ concerns about financial

risks at Superfund sites. The passage of time and increased reuse of brownfields and Superfund sites

are demonstrating to lenders the significant financial value that these properties have and the

potentially low risks of financing their purchase and redevelopment.

In addition, the Brownfield Amendments to the federal Superfund law, which provide for BFPP status

for new buyers, may provide assurance to lenders because these borrowers will not be liable and will

not affect their ability to repay the lender.

EPA has many tools to help alleviate lenders’ concerns about financing contaminated properties,

including guidance documents, comfort/status letters, BFPP doing work agreements, and Ready for

Reuse Determinations. EPA’s willingness to work with buyers and their lenders makes the acquisition

of Superfund properties more feasible than ever before.

10.

HAT CAN EPA DO TO HELP A PROSPECTIVE PURCHASER DECIDE

AND CONVINCE

LENDERS

TENANTS

AND OTHERS

THAT BUYING A SUPERFUND SITE IS A GOOD

IDEA

EPA has tools that can be used to demonstrate that buying or using a Superfund site can be a

great opportunity. Some of these tools include:

• Comfort/Status Letters: EPA may issue

comfort/status letters to address the following:

• status of the site;

• future anticipated actions at the site;

• available liability protections;

• reasonable steps that a purchaser should take to

stop any on-going releases and prevent future

releases at sites where EPA has this

information; and

• the status of EPA liens.

The Town of Arlington, Tennessee acquired

the Arlington Blending & Packaging site in

2004 after EPA issued a comfort/status letter

and a Ready for Reuse Determination. Today

the site is an active neighborhood park.

Top 10 Questions to Ask When Buying a Superfund Site

• Ready for Reuse (RfR) Determinations: EPA may issue an RfR Determination to affirm that

a site’s conditions are protective of human health and the environment for specific types of

uses.

• BFPP “Doing Work” Agreements: EPA may enter into a settlement agreement with a BFPP

who wishes to perform part or all of a cleanup. The agreement provides for EPA oversight and

may satisfy part or all of any windfall lien.

• Lien Settlements: EPA is willing to enter into negotiations and settlement agreements to

resolve lien issues and facilitate reuse.

• Discussions: EPA Regional staff is often available to talk with or meet with prospective

purchasers, sellers, lenders, and other stakeholders to discuss the issues critical to the

successful purchase and reuse of a Superfund site. Providing examples of other Superfund

sites that were successfully redeveloped and are now in reuse can also reassure local citizens

and stakeholders about revitalization opportunities.

• Site Reuse Fact Sheets: EPA’s Superfund

Redevelopment Initiative Web site at

http://www.epa.gov/superfund/programs/recycle/

provides summary information about Superfund sites

that have been reused. Detailed fact sheets for some

sites are also available and may include data on

economic impacts and environmental and social

benefits resulting from the reuse of Superfund sites.

• Partial Deletions: While total cleanup of a site may

take many years, many sites on EPA’s national

priorities list (NPL) include portions that have been

cleaned up and may be available for productive use.

These portions may be partially deleted from the NPL

if EPA makes a determination that no further cleanup

work is required, the state concurs, and necessary

institutional controls are in place. Any person,

including individuals, businesses, entities, states,

The Site Reuse Fact Sheet for the

Cascade Park Gasification Site in

local governments, and other federal agencies, may

Tallahassee, Florida addresses the

submit a petition requesting a partial deletion. EPA

site’s history, cleanup status,

will evaluate the request and make a determination

infrastructure upgrades, and how city

whether to proceed. A partial deletion of a portion of

residents will be able to enjoy a new

a Superfund site from the NPL can help to increase

public park and trail system when the

cleanup is complete.

the site’s marketability. Please note: EPA

Superfund liens may still apply to the deleted parcel.

More information on partial deletions is available on EPA's Superfund Web site at

http://www.epa.gov/superfund/cleanup/postconstruction/deletion.htm.

Information about many of these tools can also be found on EPA’s Landowner Liability Protections

Web page at http://www.epa.gov/compliance/cleanup/revitalization/landowner.html.