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Policy and Guidance

Policy and Guidance

Brownfields

Brownfields Legislation, January 2002
Law codifies and expands Brownfields Program, boosts funding for assessment and cleanup, enhances roles for state and tribal response programs, and clarifies Superfund liability.

Brownfields Cleanup Enforcement Policy & Guidance

Interim Enforcement Discretion Guidance Regarding Contiguous Property Owners, January 2004 (PDF) (11pp, 89K, About PDF)
Guidance on how enforcement discretion may be applied to landowners whose property may be contaminated by a neighbor's actions.

Guidance on Windfall Lien Provisions under the Brownfields Law, July 2003 (PDF) (32pp, 395K,  About PDF)
EPA/DOJ interim guidance on how they generally intend to exercise their enforcement discretion in the context of the new windfall lien provision of the Brownfields Law.

Interim Guidance Regarding Criteria Landowners Must Meet in Order to Qualify for Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner Limitations on CERCLA Liability (PDF) (22pp, 375K,  About PDF)
Interim guidance discussing the criteria and obligations that must be met to obtain landowner liability protection under CERCLA and the Brownfields law.

Policy on Regional Determinations Regarding Which Sites Are Not Eligible Response Sites under CERCLA Section 101(41)(C)(i), March 2003 (PDF) (11 pp, 394K,  About PDF)
Guidance document regarding determining which properties should be excluded from the eligible response sites definition under the Brownfields Law.

Interim Guidance Regarding Liability Limitations in the Brownfields Law (Common Elements Guidance), March 2003 (PDF) (22pp, 375K,  About PDF)
Interim guidance regarding the elements common to several liability limitation provisions in the Brownfields Law: bona fide prospective purchasers, innocent landowners, and contiguous property owners.

Guidance on Bona Fide Prospective Purchasers, May 2002 (PDF) (5 pp, 41K,  About PDF)
Guidance on bona fide prospective purchasers and PPAs under the Brownfields law.

Federal Brownfields Tax Incentive
Originally signed into law in 1997 and extended through December 31, 2011, the Brownfields Tax Incentive encourages the cleanup and reuse of brownfields. Under the Brownfields Tax Incentive, environmental cleanup costs are fully deductible in the year incurred, rather than capitalized and spread over time. Improvements in 2006 expanded the tax incentive to include petroleum cleanup.

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