Brownfield: What It Is, Liability and How to Check

A brownfield is a property whose expansion, redevelopment or reuse may be complicated by the presence, or potential presence, of a hazardous substance, pollutant or contaminant. That is the federal definition. EPA's examples include closed dry cleaners, abandoned gas stations and industrial properties. Contamination does not have to be confirmed, and a brownfield can be cleaned up and reused.

Pillar, a land research software company, wrote this guide. It covers the term as US law uses it for land. The statutes, agency pages and figures below link to their sources, and we checked them on November 14, 2026. This is general information. Cleanup liability depends on the facts and on state law as well as federal, so confirm your situation with an environmental attorney in your state.

What is a brownfield?

The federal Superfund law, CERCLA, defines the term in section 101(39), codified at 42 U.S.C. 9601(39). A "brownfield site" is "real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant."

What the definition excludes. Paragraph (B) of the same section says the term does not include:

• A facility listed on the National Priorities List or proposed for listing.
• A facility that is the subject of a planned or ongoing removal action under CERCLA, or of a unilateral administrative order, a court order, an administrative order on consent or a judicial consent decree that has been issued to or entered into by the parties under CERCLA.
• A facility that is the subject of one of those kinds of order or decree, issued to or entered into by the parties, or a facility to which the United States or an authorized state has issued a permit, under the Solid Waste Disposal Act, the Federal Water Pollution Control Act, the Toxic Substances Control Act or the Safe Drinking Water Act.
• A facility subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act, where a corrective action permit or order has been issued or modified to require corrective measures.
• A land disposal unit with a closure notification submitted under subtitle C of that act and closure requirements specified in a closure plan or permit.
• A facility under the jurisdiction, custody or control of a federal department, agency or instrumentality, except land held in trust by the United States for an Indian tribe.
• A portion of a facility with a release of polychlorinated biphenyls that is subject to remediation under the Toxic Substances Control Act.
• A portion of a facility for which response assistance was obtained from the Leaking Underground Storage Tank Trust Fund under subtitle I of the Solid Waste Disposal Act.

For funding under CERCLA section 104(k), paragraph (C) allows site-by-site exceptions at some excluded categories on findings it requires, and paragraph (D) includes certain mine-scarred, controlled-substance and petroleum sites.

How many brownfields are there? There is no national inventory. EPA's frequently asked questions, last updated October 23, 2026, say the agency "does not maintain a list of every brownfield site within the U.S." It uses "the general range of 450,000 – 1 million brownfield sites," from a 2004 Government Accountability Office estimate that EPA says "remains the best available."

Brownfield examples

EPA's FAQ lists "closed dry cleaners, auto-body shops, abandoned gas stations, industrial properties, and even residential areas."

One finished project is the Howard Street Apartments in New London, Connecticut. EPA describes a 5-acre site that "once hosted small businesses including a restaurant, automotive shop, gas station, and dry cleaners." Starting in 2011, the city used $200,000 in EPA funding to assess it. In 2014 the city's redevelopment agency received $400,000 from EPA for cleanup. The site now holds a 197-unit apartment building. EPA also records that "two prior redevelopment plans fell through due to high cleanup costs and poor market conditions."

Brownfield vs greenfield, greyfield and Superfund

Greenfield. The Environmental Law Institute's brownfields glossary has this entry: "Greenfield: A property that has not been previously developed." We found neither that word nor greyfield in CERCLA's definitions section.

Greyfield (or grayfield). Iowa defines it for its workforce housing tax incentives program. Under Iowa Code 15.352, a grayfield site is developed property with infrastructure in place whose "current use is outdated or prevents a better or more efficient use of the property." Its improvements and infrastructure must be at least 25 years old, and at least one of four listed conditions must exist, such as current use as a parking lot. That is one state's wording for one program.

Superfund site. A site on the National Priorities List, or proposed for it, is outside the federal brownfield definition. EPA's NPL site totals table lists 1,337 NPL sites and 37 proposed NPL sites as of October 1, 2026.

Superfund, EPA says, "allows EPA to clean up contaminated sites." For brownfields, EPA's FAQ says its program "does not perform cleanup activities at brownfield sites," and that "States and Tribal governments are responsible for establishing and enforcing assessment and cleanup standards."

Is it safe to build on a brownfield?

It depends on what is in the ground and what you plan to build. EPA's page on contamination at brownfield sites says soil cleanup levels are used "to identify the specific concentration of contaminants in soil that must be achieved to ensure the site is safe for its intended use." It says the levels may depend on how the site will be reused, residential or industrial for example, and that states and tribes set them.

So a cleanup is tied to a use. EPA's Superfund institutional controls page gives the example that "zoning restrictions prevent land uses – such as residential uses – that are not consistent with the level of cleanup."

Who is liable for cleaning up a brownfield?

EPA's FAQ says: "Under CERCLA, a person may be held strictly liable for cleaning up hazardous substances at properties that they either currently own or operate, or owned or operated in the past, during the time when hazardous substances were managed at the property."

CERCLA's liability protections include three for landowners. EPA calls the protections "self-implementing." The owner must be able to prove the conditions by a preponderance of the evidence, and each also carries continuing obligations, listed below.

All three require all appropriate inquiries before the purchase. EPA's rule, at 40 CFR 312.11, says the procedures of ASTM's Phase I environmental site assessment standards E1527-21 and, for forestland and rural property, E2247-23 "may be used to comply with the requirements set forth in §§ 312.23 through 312.31." The older versions it lists were accepted only until dates that have passed. Our Phase 1 environmental site assessment guide covers the contents, cost and 180-day timing rule.

For some residential property the statute has two provisions, and they are not worded the same. Paragraph (35)(B)(v) of section 9601, which the innocent landowner defense uses, applies to "property for residential use or other similar use purchased by a nongovernmental or noncommercial entity." Paragraph (40)(B)(ii)(III), for the bona fide prospective purchaser, applies to "property in residential or other similar use at the time of purchase by a nongovernmental or noncommercial entity." In both, "a facility inspection and title search that reveal no basis for further investigation shall be considered to satisfy the requirements" of that subparagraph or clause. The contiguous property owner section requires "all appropriate inquiry within the meaning of section 9601(35)(B)."

• Bona fide prospective purchaser (42 U.S.C. 9601(40) and 9607(r)). For a buyer who acquires ownership after January 11, 2002. EPA says such a buyer may acquire property "knowing, or having reason to know, of contamination." All disposal of hazardous substances must have happened before the purchase. The buyer must not be potentially liable, or affiliated with a potentially liable person through a familial relationship or through a contractual, corporate or financial relationship other than those the statute excepts, and must not be the result of a reorganization of a potentially liable business. The protection covers liability based solely on being the owner or operator, and lasts as long as the buyer does not impede a response action or natural resource restoration.
• Contiguous property owner (42 U.S.C. 9607(q)). For an owner of land that is contiguous to, or otherwise similarly situated with respect to, property the owner does not own, and that is or may be contaminated by a release or threatened release from it. The owner must not have caused, contributed to or consented to the release or threatened release, and the section has its own affiliation limits. At purchase, the owner must not have known, or had reason to know, that the property was or could be contaminated by a release or threatened release from other property the owner does not own or operate.
• Innocent landowner (42 U.S.C. 9601(35) and 9607(b)(3)). For a buyer who acquired the property after the disposal and, at that time, "did not know and had no reason to know" that the hazardous substance had been disposed of there. The release or threat of release and the resulting damages must have been caused solely by a third party who is not the buyer's employee or agent and has no disqualifying contractual relationship with the buyer. The buyer must show due care with the hazardous substance, and precautions against the foreseeable acts or omissions of such a third party and the consequences that could foreseeably result. Paragraph (35) does not affect the liability of a buyer who, by any act or omission, "caused or contributed to the release or threatened release." An owner who obtains actual knowledge of a release or threatened release while owning the property, and then transfers it "without disclosing such knowledge," is treated as liable and cannot use this defense.

A protected buyer can still face a lien. Section 9607(r) gives the United States a lien where it has unrecovered response costs at a facility whose owner is protected as a bona fide prospective purchaser, and the response action raised the facility's fair market value. The lien cannot exceed the increase in fair market value attributable to the response action at the time of a sale or other disposition.

Continuing obligations after purchase

The protection is not settled at closing. EPA's Common Elements page lists the ongoing obligations a landowner must meet "to achieve and maintain each type of landowner liability protection":

• No disposal of hazardous substances at the facility after the landowner acquires it.
• Complying with land use restrictions and not impeding the effectiveness or integrity of institutional controls.
• Taking reasonable steps on hazardous substances affecting the property. EPA describes them as stopping continuing releases, preventing threatened future releases, and preventing or limiting exposure to earlier releases.
• Full cooperation, assistance and access for those authorized to conduct response actions or natural resource restoration.
• Complying with information requests and administrative subpoenas.
• Providing legally required notices.

EPA's table on the same page shows that not every item is a stated criterion for every protection.

State brownfield and voluntary cleanup programs

EPA says states and tribes oversee cleanups at sites enrolled in their voluntary cleanup programs. The programs differ, so ask counsel how a state release fits with the federal protections above. Three examples:

• New York. The Department of Environmental Conservation issues a Certificate of Completion when it approves the final engineering report for a site in its Brownfield Cleanup Program. DEC says the certificate "provides liability protections for site owners, developers and lessees and will trigger the availability of tax credits for eligible parties." Sites with a future use other than "Unrestricted" need an Environmental Easement. The state tax department says the rules and rates for the brownfield redevelopment tax credit depend on the date DEC accepted the site. For a site accepted on or after July 1, 2015 and before January 1, 2033, the claimant needs an executed Brownfield Cleanup Agreement and a certificate, or the certificate through the transfer or sale of a qualified site, and the certificate must be issued on or before December 31, 2036.
• Texas. The Voluntary Cleanup Program requires an application, a $1,000 application fee and an agreement confirming that the applicant "has agreed to pay all VCP oversight costs." After the remedy standard is attained, the state issues a certificate of completion "which states that all non-responsible parties are released from all liability to the state for cleanup of areas covered by the certificate."
• Michigan. Under MCL 324.20126, and subject to that section's other exceptions, a person who becomes the owner or operator of a facility on or after June 5, 1995 is liable unless a baseline environmental assessment "is conducted prior to or within 45 days after the earlier of the date of purchase, occupancy, or foreclosure," and is provided to the state and to the subsequent purchaser or transferee within 6 months after that date. The other route is a state determination that missing those time frames was inconsequential.

EPA brownfield grants

EPA awards its competitive brownfield grants to "government entities and certain non-profit organizations." The FAQ says that in certain circumstances the funds can be used on privately owned properties: eligible entities can use assessment grants for assessment work on privately owned sites, and loans from Revolving Loan Fund grants "can be provided to private entities to pay for cleanup activities at privately-owned properties." The funds cannot be used where the grant recipient may be found liable for the contamination.

These are the award ceilings on EPA's Types of Funding page, last updated October 22, 2026, for the fiscal year 2027 competition, with some of the conditions EPA lists. They are not the full eligibility rules. Read EPA's pages before applying.

• Community-wide Assessment Grants. Up to $500,000.
• Assessment Coalition Grants. Up to $1,000,000, for a lead entity partnered with two to four entities that lack the capacity to manage their own grant. EPA adds conditions on the members' grant history, on members that are agencies or instrumentalities of each other, and on the lead member's legal authority to spend grant funds for the others. The members' target areas "may not overlap, and must be in at least three distinct municipalities or jurisdictions."
• Community-wide Assessment Grants for States and Tribes. Up to $1,000,000. Only available to states, federally recognized tribal nations and eligible native corporations in Alaska, "to address brownfield sites in their jurisdiction."
• Cleanup Grants. Up to $500,000 for sites the applicant owns. EPA says "own" means "fee simple ownership as evidenced by a recorded deed or title," though it may approve a different ownership agreement or transfer method determined to be functionally equivalent. Sites where Cleanup Grant funds were previously spent "may not receive additional Cleanup Grant funding." There is a 20 percent cost share that some applicants may ask EPA to waive for hardship. An applicant addressing one site may ask for up to $650,000, which EPA says it will approve "on an extremely limited basis."
• Revolving Loan Fund Grants. Up to $1,000,000, with a 20 percent cost share unless EPA waives it for hardship. That page says that beginning with the fiscal year 2022 competition, "only those entities that do not have an open Brownfields RLF cooperative agreement will be eligible to apply for funding." Recipients with an open agreement that meet other eligibility criteria can request supplemental funding instead.
• Multipurpose Grants. Up to $1,000,000, but "EPA will not issue a request for Multipurpose Grants in FY 2027."

Current grant holders face a spending test. To apply for a Community-wide Assessment Grant or an Assessment Coalition Grant, a current Assessment or Multipurpose Grant recipient, including a lead or non-lead coalition member, must show that at least 70 percent of each of those cooperative agreements had been drawn down from EPA and disbursed by October 1, 2026. To apply for the States and Tribes grant, a current recipient of that grant must show the same for at least 60 percent of it.

A federal tax deduction for cleanup costs has ended. Section 198 of the Internal Revenue Code let a taxpayer elect to deduct qualified environmental remediation expenditures, but it "shall not apply to expenditures paid or incurred after December 31, 2011."

How to check whether a site is a brownfield

No single list answers this, so check the federal tool and the state one.

1. Search EPA's Cleanups in My Community. On the start page, enter a ZIP code or a city and state and click "map it" or "list it." EPA says the lists give access to all the detailed brownfields property data it has. A property profile comes from a form the grant recipient fills in. The February 2024 instructions ask for Phase I and Phase II assessment dates, the contaminants found, and whether engineering controls and institutional controls are required and in place.
2. Know what that record leaves out. EPA's About the Data page says the tool shows only sites "for which EPA collects information by law, or voluntarily via grants," and "does not include state or locally funded cleanups." It adds: "There are many properties that meet the definition of a brownfield but are not funded by our program." A property that is missing from the tool can still be a brownfield.
3. Check the other federal programs on the same map. The map can also show Superfund sites, RCRA corrective actions and removals, and has a layer for underground storage tank releases. For RCRA facilities that are not undergoing corrective action, the About the Data page points to the RCRAInfo data in Envirofacts.
4. Search the state database. EPA's FAQ says state and local databases may list properties "currently under investigation or planned for future investigation," and that some provide Phase I or Phase II reports. Two examples:
   • New York. The Environmental Site Remediation Database holds sites that have been remediated or are being managed under one of the state's remedial programs, and is updated nightly. Each record gives the site classification, owners, institutional and engineering controls, a description, and the wastes known or thought to be there. Read the classification codes carefully. Class C means the department has determined that remediation was satisfactorily completed, though a site outside the state Superfund registry "may still require ongoing maintenance and periodic certification" of controls. Class N, "No Further Action at this Time," includes sites where an application was "withdrawn or terminated before any actions were taken to investigate or remediate the site."
   • California. EnviroStor is the Department of Toxic Substances Control's system for "tracking our cleanup, permitting, enforcement, and investigation efforts at hazardous waste facilities and sites with known or suspected contamination issues." For residents and property owners, the department lists this use: "Check land use restrictions, previous permitted land uses, cleanups, and enforcement actions."
5. Ask for the paper. Ask the seller for earlier environmental reports and any state certificate or closure letter.

None of this replaces a Phase I. It tells you which questions to bring to the environmental professional.

Land use controls after cleanup

Where a cleanup leaves contamination in place, two kinds of control manage it.

Engineering controls are physical. EPA's property profile instructions give four general categories: cover technologies such as capping, engineered barriers, immobilization processes, and security such as fences.

Institutional controls are legal and administrative. EPA's 2012 guidance defines them as "non-engineered instruments, such as administrative and legal controls, that help to minimize the potential for exposure to contamination and/or protect the integrity of a response action." The property profile instructions list four categories:

• Proprietary controls, such as easements and covenants.
• Governmental controls, such as zoning, building codes and land use restrictions.
• Informational devices, such as state registries, deed notices and advisories.
• Enforcement and permit tools, such as orders, permits and consent decrees.

Where they appear in the title record. Easements, covenants and deed notices are the kinds to look for in the land records. Nevada's version of the Uniform Environmental Covenants Act says an environmental covenant "must be recorded in every county in which any portion of the real property subject to the covenant is located." Other states have their own rules.

Other controls may not be recorded against the parcel. Zoning sits in the local code, and a state registry sits with the state. Our title commitment guide notes that the standard commitment's definition of public records excludes records about environmental protection. As we read that, do not count on a title search to find controls that are not recorded.

Our deed restrictions guide explains how recorded restrictions bind later owners. An environmental one carries an extra consequence: all three federal protections require complying with land use restrictions established or relied on in connection with the response action.

Buying or developing a brownfield: what to check before an offer

Run the desktop pass first. Do the lookup above alongside the mapped checks in our desktop site screening checklist. Pillar's map layers show floodplain, wetlands and other mapped constraints over parcel boundaries, with coverage that varies by dataset. They are not an environmental records search.

Put the Phase I before closing. EPA's FAQ says potential owners "must conduct All Appropriate Inquiries before acquiring the property" and comply with the continuing obligations afterward to claim any of the defenses. Write a due diligence period long enough for a Phase II if the Phase I calls for one. Our land feasibility study guide places it among the other studies.

Ask the seller:

1. For every earlier Phase I and Phase II report.
2. Whether the site is or was in a state program, and for any agreement, certificate or closure letter.
3. For every recorded covenant, easement or deed notice, and any plan that shows where a cap or barrier sits.
4. Whether EPA has spent money on the site. That bears on the lien described above.

Ask the state program:

1. Which use the cleanup supports, and whether your use is within it.
2. Whether the certificate or release passes to a buyer, and how. New York says certificates "may be transferred to successors and assigns" and that DEC "must be provided advance notice."

Read the use limits against the site plan. EPA's 2012 guidance says: "Examples of activities that could compromise the integrity of a response action (e.g., rupture an engineered cap) or result in unacceptable exposure to residual contamination may include excavations, new construction, utility repairs, and building alterations or demolition." Ask the agency which activities the site's controls allow before you plan grading, footings, utility trenches or stormwater basins in a capped area. Have the surveyor plot any described control area before you price the land.

Where it shows up in the deal documents:

• Purchase contract. Access for sampling, the due diligence period, and who pays for a Phase II.
• Title commitment and county records. Every recorded environmental covenant, easement and notice, with exhibits.
• State file. The certificate and the documents that describe the remedy and the controls.

Quick answers

What is a brownfield vs a greenfield? One glossary defines a greenfield as property that has not been previously developed. A brownfield is property where contamination, or its potential presence, may complicate reuse.

Is a brownfield the same as a Superfund site? No. The federal definition excludes sites listed on, or proposed for, the National Priorities List.

Is it safe to build on a brownfield? EPA says cleanup levels are set so a site is "safe for its intended use," so check which use the cleanup supports and which controls remain.

Who pays to clean up a brownfield? Under CERCLA, a person who owns or operates the property, or did when hazardous substances were managed there, may be strictly liable.

How do I find out if a property is a brownfield? Search EPA's Cleanups in My Community and the state cleanup database. EPA says its tool is not a complete list.

Are there grants for brownfield cleanup? EPA Cleanup Grants are up to $500,000 for fiscal year 2027. EPA awards them to government entities and certain nonprofits, for sites the applicant owns.