[Federal Register: March 25, 2003 (Volume 68, Number 57)]
[Rules and Regulations]
[Page 14339-14340]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr03-15]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 312
[FRL-7472-3]
RIN 2050-AF05
Clarification to Interim Standards and Practices for All
Appropriate Inquiry Under CERCLA and Notice of Future Rulemaking Action
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
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SUMMARY: On January 24, 2003, we published a direct final rule entitled
``Clarification to Interim Standards and Practices for All Appropriate
Inquiry Under CERCLA and Notice of Future Rulemaking Action'' (68 FR
3430). We published the direct final rule to clarify a provision
included in recent amendments to the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA). Specifically, the
direct final rule addressed the interim standard set by Congress in the
Small Business Liability Relief and Brownfields Revitalization Act
(``the Brownfields Law'') for conducting ``all appropriate inquiry.''
We stated in the direct final rule that if we received adverse comment
by February 24, 2003, we would publish a timely withdrawal in the
Federal Register. We subsequently received adverse comment on the
direct final rule, and therefore are withdrawing the direct final rule.
We will address those comments in a subsequent final action on the
parallel proposed rule also published on January 24, 2003 (68 FR 3478).
As stated in the parallel proposed rule, we will not institute a second
comment period on this action.
DATES: As of March 25, 2003, EPA withdraws the direct final rule
``Clarification to Interim Standards and Practices for All Appropriate
Inquiry Under CERCLA and Notice of Future Rulemaking Action'' published
at 68 FR 3430, on January 24, 2003.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA/CERCLA Call Center at 800-424-9346 or TDD 800-553-7672 (hearing
impaired). In the Washington, DC metropolitan area, call 703-412-9810
or TDD 703-412-3323.
For more detailed information on specific aspects of this rule,
contact Patricia Overmeyer, Office of Brownfields Clean up and
Redevelopment (5105T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460-0002, 202-566-2774,
overmeyer.patricia@epa.gov.
SUPPLEMENTARY INFORMATION:
General Information
EPA established an official public docket for the direct final rule
and its companion proposed rule under Docket ID No. SFUND-2002-0007.
The official public docket consists of the documents specifically
referenced in the direct final rule, the comments received by the
Agency in response to the proposed rule, and other information related
to the proposed and direct final rules. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the EPA Docket Center located
at 1301 Constitution Ave., NW., Washington, DC 20004. This Docket
Facility is open from 8:30 a.m. to 4:30 p.m., Monday
[[Page 14340]]
through Friday, excluding federal holidays. To review docket materials,
it is recommended that the public make an appointment by calling (202)
566-0276. The public may copy a maximum of 100 pages from any
regulatory docket at no charge. Additional copies cost $0.15/page.
Summary of Today's Action
EPA published a direct final rule on January 24, 2003, clarifying
the interim standard for all appropriate inquiry established in the
Small Business Liability Relief and Brownfields Revitalization Act for
bona fide prospective purchasers, contiguous property owners, and those
parties wishing to establish an innocent landowner defense under
CERCLA. The direct final rule stated that such property owners or
prospective purchasers could use the current version of ASTM standard
E1527 (i.e., E1527-00) for conducting all appropriate inquiry as
provided in CERCLA section 101(35)(B) for properties purchased on or
after May 31, 1997. In addition, the direct final rule stated that
ASTM's previous standard, E1527-97, could be used for conducting all
appropriate inquiry. ASTM's E1527-97 standard, entitled ``Standard
Practice for Environmental Site Assessment: Phase I Environmental Site
Assessment Process,'' is the interim standard included by Congress in
the Small Business Liability Relief and Brownfields Revitalization Act.
The companion proposed rule, also published on January 24, 2003,
invited comment on the direct final rule and stated that if adverse
comment was received by February 24, 2003, the direct final rule would
not become effective and a notice would be published in the Federal
Register to withdraw the direct final rule before the March 25, 2003,
effective date. EPA subsequently received adverse comment on the direct
final rule. EPA plans to address those comments in a subsequent action.
Today's action withdraws the direct final rule ``Clarification to
Interim Standards and Practices for All Appropriate Inquiry Under
CERCLA and Notice of Future Rulemaking Action.''
List of Subjects in 40 CFR Part 312
Environmental protection, Administrative practice and procedure,
Hazardous substances.
Dated: March 18, 2003.
Christine Todd Whitman,
Administrator.
[FR Doc. 03-7050 Filed 3-24-03; 8:45 am]
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