THIS IS A BONA FIDE PROSPECTIVE PURCHASER ( BFPP ) SETTLEMENT AGREEMENT FOR THE SOUTH MINNEAPOLIS RESIDENTIAL SOIL. UNDER THIS PROPOSED SETTLEMENT, OPEN ARMS OF MINNESOTA ( OPEN ARMS ), WOULD EXCAVATE AND DISPOSE OF ARSENIC-CONTAMINATED SOIL AT ITS PROPERTY IN THE MANNER DESCRIBED IN U.S. EPAÂS RECORD OF DECISION ( ROD ) FOR THE SITE. ABSENT THIS PROPOSED SETTLEMENT U.S. EPA WOULD HAVE TO PERFORM THIS WORK USING MONEY FROM THE SUPERFUND BECAUSE, AS A BFPP, OPEN ARMS IS NOT A LIABLE PARTY UNDER CERCLA. THE BFPP IS WILLING TO FUND AND PERFORM THE WORK THIS SUMMER (WITH U.S. EPA OVERSIGHT) TO HELP EXPEDITE BROWNFIELD REDEVELOPMENT OF ITS PROPERTY; U.S. EPA WOULD NOT BE ABLE TO PERFORM THE WORK AS QUICKLY USING ITS RESOURCES.