[Federal Register: April 7, 2003 (Volume 68, Number 66)]
[Proposed Rules]
[Page 16747-16748]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap03-23]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Chapter I
[FRL-7474-6]
Establishment and Meeting of the Negotiated Rulemaking Committee
on All Appropriate Inquiry
AGENCY: Environmental Protection Agency (EPA).
ACTION: Establishment of FACA Committee and meeting announcement.
-----------------------------------------------------------------------
SUMMARY: As required by section 9(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App. 2. section 9(a)(2)), we are giving notice
that the Environmental Protection Agency is establishing the Negotiated
Rulemaking Committee On All Appropriate Inquiry. We also are announcing
the date and location of the first meeting of the Committee. EPA has
determined that the regulatory
[[Page 16748]]
negotiation process will ensure that we obtain a diverse array of input
from both private sector stakeholders and state program officials who
are familiar with and have experience in implementing processes to
conduct all appropriate inquiry. EPA also has determined that this
Committee is in the public interest and will assist the Agency in
performing its duties as prescribed in the Small Business Liability
Relief and Brownfields Revitalization Act (the Brownfields law).
Negotiations will begin in April 2003 and conclude by December 2003.
Copies of the Committee Charter will be filed with the appropriate
committees of Congress and the Library of Congress.
DATES: The first meeting of the Negotiated Rulemaking Committee on All
Appropriate Inquiry will be held on April 29 and 30, 2003. The meeting
is scheduled for 9 a.m. to 4:30 p.m. on both dates.
ADDRESSES: The first meeting of the Committee will be held in
Conference Room 1117A of EPA East, 1201 Constitution Ave. NW.,
Washington, DC. The meeting is scheduled for 9 a.m. to 4:30 p.m. on
April 29 and 30, 2003.
FOR FURTHER INFORMATION CONTACT: Persons needing further information
should contact Patricia Overmeyer of EPA's Office of Brownfields
Cleanup and Redevelopment, 1200 Pennsylvania Ave., NW., Mailcode 5105T,
Washington, DC 20460, (202) 566-2774, or overmeyer.patricia@epa.gov.
SUPPLEMENTARY INFORMATION: On March 6, 2003 EPA published a notice in
the Federal Register (68 FR 10675) announcing its intent to form a
negotiated rulemaking committee under the Negotiated Rulemaking Act of
1996 and the Federal Advisory Committee Act. The purpose of the
Committee will be to conduct discussions and reach consensus, if
possible, on proposed regulatory language setting standards and
practices for conducting all appropriate inquiry, as required by the
Small Business Liability Relief and Brownfields Revitalization Act (the
Brownfields law). That Notice discussed the issues to be negotiated and
the interest groups proposed as members of the committee. The notice
also discussed the procedures involved in a Negotiated Rulemaking
process. The public comment period for that notice closed on April 5,
2003.
Issues for Negotiation
We anticipate that the issues to be addressed by the Negotiated
Rulemaking Committee on All Appropriate Inquiry may include:
[sbull] Balancing the goals and priorities of state regulatory
programs, privately-developed consensus standards, and the
Congressional mandate for a federal standard for conducting all
appropriate inquiry.
[sbull] Developing clear and concise standards that address each of
the statutory criteria (section 101(35)(B)(iii) of CERCLA).
[sbull] Balancing the need to put abandoned properties back into
productive reuse with concerns for public health and environmental
protection.
[sbull] Balancing a need for clear and comprehensive standards that
will ensure a high level of certainty in identifying potential
environmental concerns without imposing time consuming and
unnecessarily expensive regulatory requirements.
[sbull] Defining the shelf life of an assessment and the extent to
which an assessment, or the results of all appropriate inquiry, may be
transferred to subsequent property owners.
[sbull] Minimizing disruptions to the current real estate market
due to the development of a federal standard that is different from
current industry protocols while ensuring that the federal standard is
protective and in compliance with statutory criteria.
[sbull] Identifying the extent to which sampling and analysis of
potentially contaminated property may be required to document the
presence, or the lack of, environmental contamination.
[sbull] Identifying what information is necessary on the potential
contamination of adjacent and adjoining properties, as well as
underlying groundwater resources.
[sbull] Establishing a list of contaminants to include in the
investigation when conducting all appropriate inquiry.
Participants
The Committee will be composed of approximately 25 members
representing parties of interest to the rulemaking ensuring a balanced
representation from affected and interested stakeholder groups. EPA
anticipates that the committee will contain the following types of
representatives:
[sbull] Environmental Interest Groups
[sbull] Environmental Justice Community
[sbull] Federal Government
[sbull] Tribal Government
[sbull] State Government
[sbull] Local Government
[sbull] Real Estate Developers
[sbull] Bankers and Lenders
[sbull] Environmental Professionals
EPA has determined that this Committee is in the public interest
and will assist the Agency in performing its duties as prescribed in
the Small Business Liability Relief and Brownfields Revitalization Act
(the Brownfields law).
The first meeting of the Committee will be held on April 29, 2003
in Washington, DC. The Committee will address organizational issues
such as groundrules, schedules, and prioritization of issues
discussions over the next few meetings. There is no requirement for
advance registration for members of the public who wish to attend and
observe the meeting. Opportunity for the general public to address the
Committee will be provided at the end of the Committee meeting agenda.
Thomas P. Dunne,
Associate Assistant Administrator, Office of Solid Waste and Emergency
Response.
[FR Doc. 03-7504 Filed 4-4-03; 8:45 am]
BILLING CODE 6560-50-P