Common Elements Guidance

Memorandum provides EPA staff with general guidance on the "common elements" of the statutory landowner liability protections for bona fide prospective purchasers (BFPPs), contiguous property owners (CPOs), and innocent landowners (ILOs), to assist them in exercising their enforcement discretion, which at the same time may provide general information to landowners, developers, lenders, investors, or other third-party stakeholders who may wish to become involved with impacted properties. Issued 7/29/2019.

The 2019 guidance supersedes the following:

• "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 ('Common Elements')" issued March 3, 2003,
• "Common Elements" Guidance Reference Sheet (March 2003), and
• Superfund Interest Reasonable Steps Comfort/Status Letter (Attachment C to the 2003 Common Elements Guidance) (March 2003).

The 2019 guidance is available for download below:

• Enforcement Discretion Guidance Regarding Statutory Criteria for Those Who May Qualify as CERCLA Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners ("Common Elements") (pdf) (552.56 KB)