Third Party Agreements to Support Cleanup and Reuse of Superfund NPL Sites
Joint EPA/DOJ memorandum encourages EPA Regions to consider more frequent use of site-specific agreements with third parties at sites on the Superfund National Priorities List (NPL). As reflected in the Superfund Task Force Report, EPA and the Department of Justice (DOJ) are committed to addressing liability concerns to encourage third party investment in cleanup of contaminated sites. EPA and DOJ recognize that a site-specific agreement with the federal government may be necessary at certain sites to address the liability concerns before the site cleanup and reuse can happen. Issued April 17, 2018.
On August 10, 2022, EPA and DOJ issued a new "Model Administrative Settlement Agreement for Removal Action by Prospective Purchaser." The current model is available for download in Word format from the prospective purchaser agreement category of the Cleanup Enforcement Model Documents Database.