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Guidance: Revised Policy on Issuance of Superfund Comfort/Status Letters

Memorandum transmitting the revised Superfund comfort/status letter policy, three updated model Superfund comfort/status letters for parties interested in acquiring contaminated, potentially contaminated, and formerly contaminated properties for reuse and redevelopment, and additional documents supporting the guidance and issuance of comfort/status letters. Issued 08/25/2015.

This revised policy and three model Superfund comfort/status letters supersede the comfort/status letter policy and model documents issued in 1996.

Policy Overview

The revised policy discusses the background of the U.S. Environmental Protection Agency’s (EPA) issuance of Superfund comfort/status letters and describes the purpose and intended use of these letters under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 

Appendices Overview

Appendix A - Model Superfund Comfort/Status Letters

Appendix A includes three updated model Superfund comfort/status letters to assist the Regions when drafting site-specific letters for parties interested in acquiring impacted property for reuse and redevelopment. The model letters are available for use in Word format from the comfort/status letters category of the Cleanup Enforcement Model Language and Sample Documents Database:

  1. Federal Superfund Interest and No Current Federal Superfund Interest Comfort/Status Letter
  2. No Previous Federal Superfund Interest Comfort/Status Letter
  3. State Action Comfort/Status Letter

Appendices B - D: Supporting Documents

Appendices B-D include the following supporting documents that are available below in the transmittal package:

  • A chart titled "Use of Comfort/Status Letters" to differentiate between the purposes of the letters and understand the relationship among them. The chart provides guidance on which letter to use in responding to a request for a letter (Appendix B).
  • A document titled "Description of Other EPA Model and Sample Comfort/Status Letters" that describes model documents the Agency has available to use on a site-specific basis (Appendix C). Most of the model documents addressed in this appendix are available from the comfort/status letter category of the Cleanup Enforcement Model Language and Sample Documents Database.
  • An optional document titled "Information Request to Support Comfort/Status Letter" for Regions to acquire information relevant to drafting a comfort/status letter from the party interested in receiving a letter (Appendix D).

Transmittal Package PDF File

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