1. What is a "Superfund site"?
2. How is Superfund Redevelopment different from the Brownfields program?
3. Is a Superfund site safe for reuse?
4. Are there some Superfund sites that may not be reused?
5. Will the goal of reuse lead to the selection of less-protective cleanups in order to facilitate reuse?
6. Will plans for reusing a site result in longer cleanups?
7. Liability is often a concern at Superfund sites. How does EPA address the liability of those who are interested in reusing a site?
8. What will EPA do to help communities reuse Superfund sites?
9. What reuse activities can EPA fund using Superfund money?
10. What is EPA's authority to consider reuse as part of the remedial process?

1. What is a "Superfund site"?

Superfund is the primary federal government program to clean up the nation's uncontrolled hazardous waste sites. Under the Superfund program, abandoned, accidentally spilled, or illegally dumped hazardous wastes that pose a current or future threat to human health or the environment are cleaned up. The National Priorities List is a list of the worst hazardous waste sites that have been identified by Superfund. Sites are only put on the list after they have been scored using the Hazard Ranking System (HRS), and have been subjected to public comment.

2. How is Superfund Redevelopment different from the Brownfields program?

Both efforts seek productive uses for environmentally impaired properties. But they address different kinds of sites and use different methods to accomplish their objectives. Superfund Redevelopment mostly focuses on sites on the NPL and considers reuse in the context of site cleanup.

3. Is a Superfund site safe for reuse?

Yes. When a hazardous waste site is cleaned up under the Superfund program, the Agency must ensure the protection of human health and the environment. In doing so, EPA ensures that the contamination at a site is either completely removed, cleaned up to safe levels, or that protective measures are in place that reduce the possibility of exposure to the contamination.

4. Are there some Superfund sites that may not be reused?

Possibly. EPA believes that almost all Superfund sites have the potential for some form of reuse, and it supports the use of all sites where there is potential. It is possible that some sites may never be reused because of factors such as remedy constraints, location or market forces.

5. Will the goal of reuse lead to the selection of less-protective cleanups?

No. EPA's primary mission under the Superfund program is to protect human health and the environment. The recycling of Superfund sites is secondary. EPA has evidence that the reuse of a site may actually enhance a remedy and ensure long-term protectiveness.

6. Will plans for reusing a site result in longer cleanups?

Usually not. Interest from property owners, communities, and local governments eager to reuse a Superfund site may lead to the acceleration of the cleanup of all or part of the site. When there is an agreement among stakeholders on the cleanup and use of a site, there is incentive to move quickly and fewer obstacles to slow down the cleanup.

7. Liability is often a concern at Superfund sites. How does EPA address the liability of those who are interested in reusing a site?

Purchasers or users of Superfund sites only become liable under certain circumstances. If purchasers or users of a site interfere with an existing remedy or cause new releases of contamination at the site, they may be liable for those actions. Prospective purchasers (and their tenants) are exempt from owner or operator liability under CERCLA (Superfund) so long as the purchaser (or tenant) meets the definition of a "bona fide prospective purchaser" under 40 USC 9601(40). Under this provision, a "bona fide prospective purchaser" must: purchase the property after all disposal took place; not impede the performance of a response action or natural resource restoration; make all appropriate inquiry; and exercise appropriate care with respect to any release. Current owners of a Superfund site may be protected by a statutory provision or one of EPA's policies which allow EPA to exercise its enforcement discretion and not require them to undertake or pay for a Superfund cleanup.

8. What will EPA do to help communities reuse Superfund sites?

Through Superfund Redevelopment, EPA is helping communities to reuse Superfund sites by providing technical, financial, and other forms of assistance. Learn more about site-specific support. Partnerships with Superfund stakeholders are critical to realizing the goal of returning sites to productive use. EPA will work with government agencies, site owner, responsible parties, community members, developers, non-profit agencies, and other partners to support reuse.

9. What reuse activities can EPA fund using Superfund money?

Under the Superfund program, EPA can fund activities that facilitate reuse, as long as those activities are designed to project the future land use. Anticipating the probable future use of a Superfund site is of key importance in selecting and designing a remedy that will be consistent with that use and ensuring long-term protectiveness.

10. What is EPA's authority to consider reuse as part of the remedial process?

Consideration of reasonably anticipated future land use is an activity that is an important and integral part of the remedial process, not only during remedy selection, but also at many other points in the Superfund decision pipeline, including long-term stewardship

Considering future land use in the selection and implementation of remedies has its roots in the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The NCP preamble specifically discusses use of land use assumptions for the baseline risk assessment, which provides the basis for taking a remedial action at a Superfund site and supports the development of remedial action objectives. Since the publication of the NCP, EPA has issued additional guidance aimed at integrating reuse considerations into the remedial process, including the Land Use Directive (1995) and Reuse Assessments: A Tool to Implement the Land Use Directive (2001). These documents reflect EPA's continuing efforts to incorporate reuse considerations into its daily operations based on new experiences and lessons learned.