[Federal Register Volume 69, Number 180 (Friday, September 17, 2004)]
[Proposed Rules]
[Pages 56016-56017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20972]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

[SFUND-2004-0001; FRL-7815-2]
RIN 2050-AF04


Standards and Practices for All Appropriate Inquiries

AGENCY: Environmental Protection Agency.

ACTION: Extension of comment period.

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SUMMARY: On August 26, 2004, EPA published for public comment a 
proposed rule that would set federal standards and practices for 
conducting all appropriate inquiries, as required under Sections 
101(35)(B)(ii) and (iii) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA). The original comment period 
was to expire on October 25, 2004. Today's action extends the comment 
period to November 30, 2004.

DATES: Comments on this proposed rule must be submitted on or before 
November 30, 2004.

ADDRESSES: Comments may be submitted electronically, by mail, through 
hand delivery, or by courier. Follow the detailed instructions as 
provided in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: If you have questions, contact 
Patricia Overmeyer of EPA's Office of Brownfields Cleanup and 
Redevelopment at (202) 566-2774 or at [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

    This notice extends the public comment period established in the 
Federal Register issued on August 26, 2004 (69 FR 52541). In that 
notice, EPA requested comment on proposed federal standards and 
practices for conducting all appropriate inquiries into the previous 
ownership, uses, and environmental conditions of a property for the 
purposes of meeting the all appropriate inquiries provisions necessary 
to qualify for certain landowner liability protections under CERCLA. 
EPA is extending the comment period, which was set to end on October 
25, 2004, to November 30, 2004.

A. How Can I Get Copies of the Proposed Rule and Other Related 
Information?

1. Docket
    EPA has established an official public docket for this action under 
Docket ID No. SFUND-2004-0001. The official public docket consists of 
the documents specifically referenced in the proposed rule, any public 
comments received, and other information related to the 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. Documents in the official 
public docket are listed in the index list in EPA's electronic public 
docket and comment system, EDOCKET. Documents may be available either 
electronically or in hard copy. Electronic documents may be viewed 
through EDOCKET. Hard copy documents may be viewed at the EPA Docket 
Center, EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, 
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding Federal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OSWER Docket is (202) 566-0276.
2. Electronic Access
    You may access the Federal Register document electronically through 
the EPA Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr. Comments on the proposed rule can be submitted 
through the federal e-rulemaking portal, http://www.regulations.gov.
    An electronic version of the public docket also is available 
through EPA's electronic public docket and comment system, EDOCKET. You 
may use EDOCKET at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the public 
docket, and access those documents in the public docket that are 
available electronically. Once in the system, select ``search,'' then 
key in the appropriate docket identification number.
    Certain types of information will not be placed in EDOCKET. 
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. Docket materials 
that are not available electronically may be viewed at the docket 
facility identified above in section A.1. EPA intends to work toward 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    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 
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.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier, as explained in the ADDRESSES section of this 
document. 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 is not required to consider 
late comments. Submit your comments,

[[Page 56017]]

identified by Docket ID No. SFUND-2004-0001, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://www.epa.gov/edocket. EDOCKET, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    3. E-mail: Comments may be sent by electronic mail to 
[email protected], /Attention Docket ID No. SFUND-2004-0001.
    4. Mail: Send comments to: OSWER Docket, Environmental Protection 
Agency, Mailcode: 5305T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460, Attention Docket ID No. SFUND-2004-0001. In addition, please 
mail a copy of your comments on the information collection provisions 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., 
NW., Washington, DC 20503.
    5. Hand Delivery: Deliver your comments to: EPA Docket Center, EPA 
West Building, Room B102, 1301 Constitution Ave., NW., Washington, DC, 
Attention Docket ID No. SFUND-2004-0001. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. SFUND-2004-
0001. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.epa.gov/edocket, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov, or e-mail. The EPA EDOCKET and the federal 
regulations.gov Web sites are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through EDOCKET or regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit EDOCKET on-line or see the 
Federal Register of May 31, 2002 (67 FR 38102).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the EPA Docket Center, EPA West Building, Room B102, 1301 
Constitution Avenue, NW., Washington, DC. This Docket Facility is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OSWER Docket is (202) 566-
0276.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be confidential 
business information (CBI) electronically through EPA's electronic 
public docket or by e-mail. Send or deliver information identified as 
CBI only to the following address: CERCLA CBI Document Control Officer, 
Office of Solid Waste and Emergency Response (5101T), U.S. EPA, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460, Attention Docket ID No. 
SFUND-2004-0001. You may claim information that you submit to EPA as 
CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR, 
part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Identify the rulemaking by docket number and other identifying 
information (e.g., subject heading, Federal Register date and page 
number).
    2. Explain your views as clearly as possible.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used to support your views.
    5. If you estimate potential burden or costs, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns and 
suggest alternative.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response.

    Dated: September 13, 2004.
Linda Garcznski,
Director, Office of Brownfields Cleanup and Redevelopment.
[FR Doc. 04-20972 Filed 9-16-04; 8:45 am]
BILLING CODE 6560-50-P