[Federal Register Volume 68, Number 66 (Monday, April 7, 2003)]
[Proposed Rules]
[Pages 16747-16748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7504]


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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.

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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 [email protected].

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]
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