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Guidance: Affiliation Language in CERCLA's BFPP and CPO Liability Protections

Memorandum assists EPA personnel in, on site-specific basis, exercising the Agency's enforcement discretion regarding the affiliation language contained in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund). Issued 9/21/2011.

Memorandum discusses how EPA generally intends to exercise its enforcement discretion in certain circumstances. Specifically, the memorandum focuses on parties who meet each of the requirements of the bona fide prospective purchaser(BFPP) or contiguous property owner (CPO) provisions except for the requirement prohibiting parties from being "affiliated with any other person that is potentially liable."

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