[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Proposed Rules]
[Pages 3478-3482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1630]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

[FRL-7442-5]
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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing a clarification to a provision included in 
recent amendments to the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA). Specifically, today's 
proposed rule addresses the interim standard set by Congress in the 
Small Business Liability Relief and Brownfields Revitalization Act 
(``the Brownfields Law'') for conducting ``all appropriate inquiry'' to 
establish that a landowner had no reason to know of contamination at a 
property under CERCLA liability provisions prior to purchasing the 
property. EPA is proposing a clarification to the interim standard 
established in the Brownfields Law. The clarification is that in the 
case of property purchased on or after May 31, 1997, the requirements 
for conducting ``all appropriate inquiry,'' including the conduct of 
such activities to establish an innocent landowner defense under 
CERCLA, also will be satisfied through the use of ASTM Standard E1527-
2000, entitled ``Standard Practice for Environmental Site Assessment: 
Phase 1 Environmental Site Assessment Process.'' EPA is proposing that 
recipients of brownfields site assessment grants also will be in 
compliance with the all appropriate inquiry standards if they comply 
with the ASTM Standard E1527-2000.

DATES: EPA will accept public comments on this proposed rule until 
February 24, 2003. If we receive no adverse comment by this date, we 
will not take further action on this proposed rule. If we receive 
adverse comment, we will address all public comments in a subsequent 
final rule based on this proposed rule. We will not institute a second 
comment period on this action.

ADDRESSES: Comments on today's proposed rule may be submitted 
electronically, by mail, or through hand delivery/courier. Follow the 
detailed instructions provided in paragraph I.B. of the SUPPLEMENTARY 
INFORMATION section below. Please reference Docket number SFUND-2002-
0007 when submitting your comments.

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 proposed 
rule, contact Patricia Overmeyer, Office of Brownfields Clean up and 
Redevelopment (5105T), U.S.

[[Page 3479]]

Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, 
Washington, DC 20460-0002, 202-566-2774. [email protected].

SUPPLEMENTARY INFORMATION:

General Information

A. How Can I Get Copies Of The Background Materials Supporting Today's 
Proposed Rule or Other Related Information?

    1. EPA has established an official public docket for this proposed 
rule under Docket ID No. SFUND-2002-0007. The official public docket 
consists of the documents specifically referenced in this proposed rule 
and other information related to this proposed rule. 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., EPA West Building, Room B-102, 
Washington, DC 20004. This Docket Facility is open from 8:30 a.m. to 
4:30 p.m., Monday 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.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/fedrgstr/.
    You may use EPA Dockets at http://www.epa.gov/edocket/ to access 
the index listing of the contents of the official public docket, and to 
access those documents in the public docket that are available 
electronically. Once in the system, select ``search,'' then key in the 
docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI, and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified above.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff. For additional information 
about EPA's electronic public docket visit EPA Dockets online or see 67 
FR 38102, May 31, 2002.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA will not 
consider late comments in formulating a final decision.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
party submitting the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the 
online instructions for submitting comments. To access EPA's electronic 
public docket from the EPA Internet Home Page, select ``Information 
Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once in the system, select 
``search,'' and then key in Docket ID No. SFUND-2002-0007. The system 
is an ``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    2. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Make sure this electronic copy is in 
an ASCII format that does not use special characters or encryption. 
Cite the docket Number F-2002-0007 in your electronic file. In contrast 
to EPA's electronic public docket, EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly to 
the Docket without going through EPA's electronic public docket, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    3. Disk or CD ROM. You may submit comments on a disk or CD ROM that 
you mail to the mailing address identified above. These electronic 
submissions will be accepted in WordPerfect or ASCII file format. Avoid 
the use of special characters and any form of encryption.
    4. By Mail. Send two (2) copies of your comments to: EPA Docket 
Center, U.S. Environmental Protection Agency Headquarters (EPA, HQ), 
Mail Code

[[Page 3480]]

5305T, 1200 Pennsylvania Ave., NW, Washington, DC, 20460, Attention 
Docket ID No. SFUND-2002-0007.
    5. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center, EPA West Building Room No. B-102, 1301 Constitution 
Ave., NW., Washington, DC, 20004. Attention Docket ID No. SFUND-2002-
0007. Such deliveries are only accepted during the Docket's normal 
hours of operation as identified above.

Regulated Entities

    Entities potentially regulated by this action include public and 
private parties who, as bona fide prospective purchasers, contiguous 
property owners, or innocent landowners, purchase property and intend 
to claim a limitation on CERCLA liability in conjunction with the 
property purchase. In addition, any entity conducting a site 
characterization or assessment with a brownfields grant awarded under 
CERCLA section 104(k)(2)(B)(ii) will be affected by today's action. 
This includes state, local and Tribal governments that receive 
brownfields site assessment grants. A summary of the potentially 
affected industry sectors (by NAICS codes) is displayed in the table 
below.

------------------------------------------------------------------------
                      Industry category                       NAICS code
------------------------------------------------------------------------
Real Estate.................................................         531
Insurance...................................................       52412
Banking/Real Estate Credit..................................       52292
Environmental Consulting Services...........................       54162
State, Local and Tribal Government..........................         N/A
------------------------------------------------------------------------

    The list of potentially affected entities in the above table may 
not be exhaustive. Our aim is to provide a guide for readers regarding 
those entities that EPA is aware potentially could be affected by this 
action. However, this action may affect other entities not listed in 
the table. If you have questions regarding the applicability of this 
action to a particular entity, consult the person listed in the 
preceding section entitled FOR FURTHER INFORMATION CONTACT.

Preamble

I. Statutory Authority
II. Background
III. Today's Action
IV. Future Rulemaking Setting Standards for ``All Appropriate 
Inquiry''
V. Statutory and Executive Order Reviews

I. Statutory Authority

    This proposed rule clarifies provisions included in section 223 of 
the Small Business Liability Relief and Brownfields Revitalization Act 
which amends section 101(35)(B) of CERCLA (42 U.S.C. 9601(35)) and 
proposes to clarify interim standards for the conduct of ``all 
appropriate inquiry'' for obtaining CERCLA liability relief and for 
conducting site characterizations and assessments with the use of 
brownfields grant monies.

II. Background

    On January 11, 2002, President Bush signed the Small Business 
Liability Relief and Brownfields Revitalization Act (``the Brownfields 
Act''). In general, the Act amends CERCLA and provides funds to assess 
and clean up brownfields sites; clarifies CERCLA liability provisions 
related to innocent purchasers of contaminated properties; and provides 
funding to enhance State and Tribal clean up programs. In part, 
subtitle B of Title II of the Act revises some of the provisions of 
CERCLA section 101(35) and provides some Superfund liability 
limitations for bona fide prospective purchasers and contiguous 
property owners, in addition to clarifying the requirements necessary 
to establish the innocent landowner defense under CERCLA. Among the 
requirements added to CERCLA is the requirement that such parties 
undertake ``all appropriate inquiry'into prior ownership and use of 
certain property.
    The Brownfields Law requires EPA to develop regulations within two 
years which will establish standards and practices for how to conduct 
all appropriate inquiry. In addition, the Brownfields Law establishes 
interim standards for conducting all appropriate inquiry that will 
remain in effect until EPA promulgates regulations. Congress 
established, as the federal interim standard for conducting all 
appropriate inquiry, the procedures of the American Society for Testing 
and Materials (ASTM) including Standard E1527-97 (entitled ``Standard 
Practice for Environmental Site Assessment: Phase 1 Environmental Site 
Assessment Process''). This interim standard applies to properties 
purchased on or after May 31, 1997 until EPA promulgates federal 
regulations establishing standards and practices for conducting all 
appropriate inquiry.
    EPA is proposing to clarify that persons may use the current ASTM 
standard, E1527-2000 for conducting all appropriate inquiry and 
establishing the innocent landowner defense under CERCLA section 
101(35)(B) for properties purchased on or after May 31, 1997, while 
continuing also to recognize use of ASTM's previous standard, E1527-97.
    Following enactment of the Brownfields Law, EPA received inquiries 
from interested parties expressing concerns that the ASTM standard for 
all appropriate inquiry that was cited in the law (i.e., ASTM's 1997 
standard) has been updated and consequently is no longer available from 
ASTM. The ASTM standard cited in the Brownfields Law has been updated 
and replaced with ASTM's revised standard, ``Standard E1527-2000.'' The 
revised standard has the same name as the previous standard. The 
revised standard is not significantly different from the previous 
standard. Revisions to the 1997 standard that are incorporated into the 
E1527-2000 updated standard include provisions for potential expansion 
of an assessment, guidance for better identification of the purpose of 
the assessment, a provision for inquiring about historical remediation, 
a provision for facilitating reconstruction of the assessment by a 
different assessor, and amended guidance for selecting an environmental 
professional. A summary of the revisions made to the 1997 ASTM standard 
and included in the 1527-2000 standard is provided in the document 
``Overview of Additions and Modifications to ASTM 1527-2000 Standard 
from the 1997 ASTM Standard.'' A copy of this document, as well as an 
annotated copy of the 1997 ASTM standard identifying the specific 
modifications incorporated into the ASTM 2000 standard, is included in 
the regulatory docket for today's proposed rule.
    EPA believes that it is consistent with Congressional intent to 
require the use of the most current standards available until EPA has 
promulgated its standard and not to require the use of standards that 
have been superseded or that generally are not available. In addition, 
Congress did not intend to place an undue burden on interested parties 
seeking to obtain and implement the standard. Given that the version of 
the ASTM standard cited in the Brownfields Law is no longer available, 
such an undue burden may occur, if EPA does not undertake today's 
action. In particular, recipients of grant monies awarded under the new 
Brownfields Law may experience an undue burden, if required to comply 
with the ASTM standard that no longer is available or recognized as the 
current industry standard. Therefore, with today's action, EPA is 
proposing that for the purposes of CERCLA section 101(35)(B), until the 
Agency promulgates regulations implementing standards for all 
appropriate inquiry parties may use either the procedures provided in 
ASTM E1527-2000, entitled ``Standard Practice for Environmental Site

[[Page 3481]]

Assessment: Phase I Environmental Site Assessment Process,'' or the 
standard ASTM E1527-97.

III. Today's Action

    EPA is proposing to revise the interim standard for all appropriate 
inquiry to allow for the use of the ASTM 1527-2000 standard to reduce 
any undue burden placed upon brownfields grant recipients. The Agency 
views this as a noncontroversial action and anticipates no adverse 
public comment on this proposed revision. We believe that today's 
action is appropriate because it: (1) Allows for the use of the updated 
version of the standard cited in the Act, while not disallowing the use 
of the former version, and the updated version of the standard is 
similar to, and not significantly different than, the previous 
standard; (2) reduces the burden of obtaining an appropriate standard, 
given that the standard cited in the Brownfields Law is no longer 
available; and (3) this action merely clarifies an interim standard 
that is effective only until EPA promulgates a final rule replacing the 
interim standard.
    Because we view today's action as noncontroversial, in the ``Rules 
and Regulations'' section of today's Federal Register, we are 
publishing the clarification to the interim standard for all 
appropriate inquiry as a direct final rule. We are publishing the 
direct final rule without prior proposal because we view this as a 
noncontroversial clarification and we anticipate no adverse comment. We 
explain our reasons for this action above. If we receive no adverse 
comment, we will not take further action on this proposed rule. If we 
receive adverse comment, we will withdraw the direct final rule and it 
will not take effect. We may address public comments in a subsequent 
final rule based on this proposal. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time.

IV. Future Rulemaking Setting Standards for ``All Appropriate Inquiry''

    EPA also is announcing today its progress in developing regulatory 
standards for conducting ``all appropriate inquiry.'' The Brownfields 
Law requires that EPA promulgate such standards within two years of 
enactment of the law, or by January 2004. Congress included in the 
Brownfields Law a list of criteria that the Agency must address in the 
regulations establishing standards and practices for conducting all 
appropriate inquiry (section 101(35)(2)(B)(ii)). The Act also requires 
that parties receiving funding under the federal brownfields program to 
conduct site assessments must conduct the site assessment in accordance 
with the standards and practices for all appropriate inquiry 
established under the same provision of the Act.
    EPA is soliciting the advice and input of public and private 
stakeholder groups in developing the regulations for conducting all 
appropriate inquiry in accordance with the criteria set forth by 
Congress. We understand that voluntary standards developed by standards 
developing organizations, such as the ASTM 1527-2000 standard, are 
available and are currently being used to conduct all appropriate 
inquiry in conjunction with private real estate property transactions. 
In addition, site assessment protocols have been established under the 
federal Superfund remedial action and RCRA corrective action programs, 
as well as within State clean up programs. We intend to develop federal 
regulations that build upon the depth of experience accrued in both the 
public and private sectors in implementing these standards and 
programs. We believe that building upon currently available private 
sector standards for undertaking all appropriate inquiry as well as 
building on the experience of state and federal government site 
assessment programs is the most efficient and economical way to develop 
federal regulatory standards that will both meet the criteria set in 
the Brownfields Law and ensure minimal disruption to the private market 
and state and federal site assessment programs.
    To ensure that we obtain a diverse array of input from both private 
sector stakeholders and state program officials, EPA is developing the 
federal regulations by soliciting private and public sector input under 
the convening stage of the negotiated rulemaking process, and may 
supplement our information gathering through the conduct of public 
meetings. We initiated the convening stage of a negotiated rulemaking 
process to identify appropriate stakeholder groups and solicit advice 
and input from experienced public and private sector users of similar 
standards. Following an evaluation of stakeholder interest and input 
during the convening process, we either will announce our intent to 
continue with a negotiated rulemaking process, or announce our intent 
to solicit public input, by way of an additional notice or a public 
meeting, on options for a proposed rulemaking that will set standards 
for all appropriate inquiry. We anticipate announcing our intended 
approach for the development of a proposed rulemaking in the Federal 
Register by the winter of 2003. Any questions regarding our future 
regulatory effort should be directed to the parties listed above in the 
section entitled FOR FURTHER INFORMATION CONTACT.

V. Statutory and Executive Order Reviews

    a. Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget.
    b. This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 FR U.S.C. 
3501 et seq.)
    c. The Regulatory Flexibility Act (RFA) generally requires an 
agency to prepare a regulatory flexibility analysis of any rule subject 
to notice and comment rulemaking requirements under the APA or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
This action will not have a significant impact on a substantial number 
of small entities because it does not create any new requirements.
    d. Because the purpose of today's action is to make a clarification 
that does not create any new requirements it has no economic impact and 
is not subject to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Pubic Law 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA.
    e. This rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999).
    f. This rule does not have tribal implications, as specified by 
Executive Order 13175 (65 FR 67249, November 6, 2000).
    g. This rule is not subject to Executive Order 13045 (62 FR 1985, 
April 23, 1997), because it is not economically significant.
    h. This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.
    i. This action does involve technical standards; therefore, the 
requirements of

[[Page 3482]]

section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272) apply. The NTTAA was signed into law on March 
7, 1996 and, among other things, directs the National Institute of 
Standards and Technology (NIST) to bring together federal agencies as 
well as state and local governments to achieve greater reliance on 
voluntary standards and decreased dependence on in-house standards. It 
states that use of such standards, whenever practicable and 
appropriate, is intended to achieve the following goals: (a) Eliminate 
the cost to the government of developing its own standards and decrease 
the cost of goods procured and the burden of complying with agency 
regulation; (b) provide incentives and opportunities to establish 
standards that serve national needs; (c) encourage long-term growth for 
U.S. enterprises and promote efficiency and economic competition 
through harmonization of standards; and (d) further the policy of 
reliance upon the private sector to supply Government needs for goods 
and services. The Act requires that federal agencies adopt private 
sector standards, particularly those developed by standards developing 
organizations (SDOs), wherever possible in lieu of creating 
proprietary, non-consensus standards. Today's action is compliant with 
the spirit and requirements of the NTTAA, given that the interim 
standard for all appropriate inquiry that is the subject of today's 
action is a private sector standard developed by a standard developing 
organization. Today's action allows for the use of the American Society 
for Testing and Materials (ASTM) standard known as Standard E1527-2000 
and entitled ``Standard Practice for Environmental Site Assessment: 
Phase 1 Environmental Site Assessment Process'' as the interim standard 
for conducting all appropriate inquiry for properties purchased on or 
after May 31, 1997, or in the alternative, the use of Standard E1527-
97, and entitled ``Standard Practice for Environmental Site Assessment: 
Phase 1 Environmental Site Assessment Process.''
    j. Today's action does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994).
    k. The Congressional Review Act (5 U.S.C. 801 et seq.), as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA submitted a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A Major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective March 25, 2003 unless EPA publishes 
a withdrawal in the Federal Register.

List of Subjects in 40 CFR Part 312

    Environmental protection, Administrative practice and procedure, 
Hazardous substances, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: January 17, 2003.
Christine Todd Whitman,
Administrator.

    For the reasons set out in the preamble, we propose to amend title 
40 chapter J of the code of Federal Regulations as follows:
    1. Title 40 Chapter J is amended by adding new part 312 to read as 
follows:

PART 312--INNOCENT LANDOWNERS, STANDARDS FOR CONDUCTING ALL 
APPROPRIATE INQUIRY

Subpart A--Introduction
Sec.
312.1 Purpose and applicability.
312.2 Standards and practices for all appropriate inquiry.

Subpart B--[Reserved]

    Authority: Section 101(35)(B) of CERCLA, as amended, 42 U.S.C. 
9601(35)(B).

Subpart A--Introduction


Sec.  312.1  Purpose and applicability.

    (a) Purpose. The purpose of this section is to provide standards 
and procedures for ``all appropriate inquiry'' for the purposes of 
CERCLA section 101(35)(B).
    (b) Applicability. This section is applicable to: potential 
innocent landowners conducting all appropriate inquiry under section 
101(35)(B) of CERCLA; bona fide prospective purchasers definedunder 
section 101(40) of CERCLA; contiguous property owners under section 
107(q) of CERCLA; and persons conducting site characterization and 
assessments with the use of a grant awarded under CERCLA section 
104(k)(2)(B)(ii).


Sec.  312.2  Standards and practices for all appropriate inquiry.

    (a) With respect to property purchased on or after May 31, 1997, 
the procedures of the American Society for Testing and Materials (ASTM) 
1527-97 and the procedures of the American Society for Testing and 
Materials (ASTM) 1527-2000, both entitled ``Standard Practice for 
Environmental Site Assessment: Phase 1 Environmental Site Assessment 
Process,'' shall satisfy the requirements for conducting ``all 
appropriate inquiry'' under section 101(35)(B)(i)(I) of CERCLA, as 
amended by the Small Business Liability Relief and Brownfields 
Revitalization Act.

[FR Doc. 03-1630 Filed 1-23-03; 8:45 am]
BILLING CODE 6560-50-P