The Proposed Rule

The Proposed Rule

EPA developed the proposed rule setting federal standards for all appropriate inquiries under a negotiated rulemaking process. Negotiated rulemaking is a process which brings together representatives of various interest groups and a federal agency to negotiate the text of a proposed rule. EPA decided to use the negotiated rulemaking process after undertaking a convening of affected stakeholders. Interviews of over 60 stakeholder groups by an independent facilitator led to a conclusion that there is was a strong possibility that a negotiated rulemaking committee could reach consensus on a proposed rulemaking. For more on the negotiated rulemaking process, see the factsheet provided below. A copy of the final Convening Report also is available below.

EPA established a Negotiated Rulemaking Committee under the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) for the purpose of conducting discussions and reaching consensus, if possible, on proposed regulatory language setting the standards and practices for conducting all appropriate inquiries as required by the Brownfields Law. A copy of the committee's FACA Charter, a list of committee members, and the Federal Register notices that announced the establishment of the committee and committee meetings are provided below. The first meeting of the Negotiated Rulemaking Committee was held on April 29 and 30, 2003 in Washington, D.C. All additional meetings of the committee were announced in the Federal Register and were open to the public.

Proposed Rule Federal Register Notice
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August 26, 2004