EPA has issued revised enforcement Guidance regarding the treatment of tenants under the CERCLA Bona Fide Prospective Purchaser Provision. This guidance discusses the potential applicability of the BFPP provision to tenants who lease contaminated or formerly contaminated properties, and how the Agency intends to exercise its enforcement discretion to treat certain tenants as BFPPs under CERCLA. This guidance supersedes the EPA's January 14,2009 guidance titled "Enforcement Discretion Guidance Regarding the Applicability of the Bona Fide Prospective Purchaser Definition in CERCLA § 101(40) to Tenants."
A LINK to the Guidance is found here.
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