[Federal Register Volume 68, Number 57 (Tuesday, March 25, 2003)]
[Rules and Regulations]
[Pages 14339-14340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7050]


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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, 
[email protected].

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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