Announcement and Notice of Availability of the Guidance on EPA Participation in Bankruptcy Cases

Résumé

The purpose of this guidance is to identify the factors to be considered by the Environmental Protection Agency in determining whether to participate in a bankruptcy case, including whether to pursue collection of costs or penalties against debtors who have liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or other environmental statutes. This guidance also addresses issues in bankruptcy cases relating to the abandonment of contaminated property, cleanup activities under CERCLA on property included in the bankruptcy estate, and the impact of the automatic stay on different types of administrative and judicial enforcement activities. It supersedes the ``Guidance Regarding CERCLA Enforcement Against Bankrupt Parties,'' OSWER Directive #9832.7 (May 24, 1984) and the ``Revised Hazardous Waste Bankruptcy Guidance,'' OSWER Directive #9832.8 (May 23, 1986).