Interim Guidance: Enforcement Discretion Concerning Windfall Liens (CERCLA Section 107(r))

Memorandum discusses EPA and DOJ interim policy implementing section 107(r) windfall lien provisions contained in the 2002 Brownfields Amendments to the CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act, commonly referred to as Superfund) statute. A frequent questions document was issued in conjunction with the document. Issued 7/16/2003.

In 2008, the Agency issued the Windfall Lien Administrative Procedures (1/8/2008), which builds on the 2003 Interim Enforcement Discretion for Windfall Lien policy regarding the timing for filing notice of a windfall lien on a property after acquisition by a BFPP and the EPA administrative procedures that should accompany filing a windfall lien notice.

This 2003 guidance and sample letter are modified in part by the 8/25/15 Revised Policy on the Issuance of Superfund Comfort/Status Letters. The modification excludes statements in a letter representing that the EPA does not intend to file a windfall lien.

The model Federal Superfund Interest Letter for CERCLA § 107(r) Windfall Liens is available in Word format from the Cleanup Enforcement Model Language and Sample Documents Database.

• Interim Enforcement Discretion Policy Concerning Windfall Liens Under Section 107(r) of CERCLA (pdf) (430.34 KB)
• Windfall Lien Guidance: Frequently Asked Questions (pdf) (152.85 KB)