24888
Federal
Register
/
Vol.
68,
No.
90
/
Friday,
May
9,
2003
/
Rules
and
Regulations
request
a
retest.
If,
on
the
other
hand,
the
variation
in
test
results
is
judged
to
reflect
normal
variability
in
test
measurements,
then
the
rule
provides
for
averaging
of
three
test
runs,
as
is
appropriate
to
enhance
the
reliability
of
the
results.

III.
EPA
Action
EPA
is
approving
the
revisions
to
Illinois'
rules
for
emissions
averaging.
EPA
concludes
that
these
rules
codify
standard
practice
in
preparation
and
review
of
test
plans
and
in
averaging
of
three
test
runs
in
assessing
compliance
with
mass
emission
limits.

IV.
Statutory
and
Executive
Order
Reviews
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
this
action
is
not
a
``
significant
regulatory
action''
and
therefore
is
not
subject
to
review
by
the
Office
of
Management
and
Budget.
For
this
reason,
this
action
is
also
not
subject
to
Executive
Order
13211,
``
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use''
(
66
FR
28355,
May
22,
2001).
This
action
merely
approves
state
rules
as
meeting
Federal
requirements
and
imposes
no
additional
requirements
beyond
those
imposed
under
state
law.
Accordingly,
the
Administrator
certifies
that
this
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
under
the
Regulatory
Flexibility
Act
(
5
U.
S.
C.
601
et
seq.).
Because
this
rule
approves
pre­
existing
requirements
under
state
law
and
does
not
impose
any
additional
enforceable
duty
beyond
that
required
by
state
law,
it
does
not
contain
any
unfunded
mandate
or
significantly
or
uniquely
affect
small
governments,
as
described
in
the
Unfunded
Mandates
Reform
Act
of
1995
(
Pub.
L.
104
 
4).
This
rule
also
does
not
have
tribal
implications
because
it
will
not
have
a
substantial
direct
effect
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
by
Executive
Order
13175
(
65
FR
67249,
November
9,
2000).
This
action
also
does
not
have
Federalism
implications
because
it
does
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).
This
action
merely
approves
a
state
rule
implementing
Federal
standards,
and
does
not
alter
the
relationship
or
the
distribution
of
power
and
responsibilities
established
in
the
Clean
Air
Act.
This
rule
also
is
not
subject
to
Executive
Order
13045
``
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks''
(
62
FR
19885,
April
23,
1997),
because
it
is
not
economically
significant.
In
reviewing
SIP
submissions,
EPA's
role
is
to
approve
state
choices,
provided
that
they
meet
the
criteria
of
the
Clean
Air
Act.
In
this
context,
in
the
absence
of
a
prior
existing
requirement
for
the
State
to
use
voluntary
consensus
standards
(
VCS),
EPA
has
no
authority
to
disapprove
a
SIP
submission
for
failure
to
use
VCS.
It
would
thus
be
inconsistent
with
applicable
law
for
EPA,
when
it
reviews
a
SIP
submission,
to
use
VCS
in
place
of
a
SIP
submission
that
otherwise
satisfies
the
provisions
of
the
Clean
Air
Act.
Thus,
the
requirements
of
section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
15
U.
S.
C.
272
note)
do
not
apply.
This
rule
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act
of
1995
(
44
U.
S.
C.
3501
et
seq.).
The
Congressional
Review
Act,
5
U.
S.
C.
section
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
will
submit
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.
section
804(
2).
Under
section
307(
b)(
1)
of
the
Clean
Air
Act,
petitions
for
judicial
review
of
this
action
must
be
filed
in
the
United
States
Court
of
Appeals
for
the
appropriate
circuit
by
July
8,
2003.
Filing
a
petition
for
reconsideration
by
the
Administrator
of
this
final
rule
does
not
affect
the
finality
of
this
rule
for
the
purposes
of
judicial
review
nor
does
it
extend
the
time
within
which
a
petition
for
judicial
review
may
be
filed,
and
shall
not
postpone
the
effectiveness
of
such
rule
or
action.
This
action
may
not
be
challenged
later
in
proceedings
to
enforce
its
requirements.
(
See
section
307(
b)(
2).)
List
of
Subjects
in
40
CFR
Part
52
Environmental
protection,
Air
pollution
control,
Incorporation
by
reference,
Intergovernmental
relations,
Nitrogen
oxides,
Particulate
matter,
Reporting
and
recordkeeping
requirements,
Sulfur
dioxide,
Volatile
organic
compounds.

Dated:
April
11,
2003.
Bharat
Mathur,
Acting
Regional
Administrator,
Region
5.


For
the
reasons
set
out
in
the
preamble,
chapter
I,
title
40
of
the
Code
of
Federal
Regulations
is
amended
as
follows:

PART
52
 
[
AMENDED]


1.
The
authority
citation
for
part
52
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7401
et
seq.

Subpart
O
 
Illinois

2.
Section
52.720
is
amended
by
adding
paragraph
(
c)(
164)
to
read
as
follows:

§
52.720
Identification
of
plan.

*
*
*
*
*
(
c)
*
*
*
(
164)
On
October
9,
2001,
the
State
of
Illinois
submitted
new
rules
regarding
emission
tests.
(
i)
Incorporation
by
reference.
(
A)
New
rules
of
35
Ill.
Admin.
Code
Part
283,
including
sections
283.110,
283.120,
283.130,
283.210,
283.220,
283.230,
283.240,
and
283.250,
effective
September
11,
2000,
published
in
the
Illinois
Register
at
24
Ill.
Reg.
14428.
(
B)
Revised
section
283.120
of
35
Ill.
Admin.
Code,
correcting
two
typographical
errors,
effective
September
11,
2000,
published
in
the
Illinois
Register
at
25
Ill.
Reg.
9657.
*
*
*
*
*
[
FR
Doc.
03
 
11471
Filed
5
 
8
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
312
[
FRL
 
7496
 
2]

RIN
2050
 
AF05
Clarification
to
Interim
Standards
and
Practices
for
All
Appropriate
Inquiry
Under
CERCLA
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

SUMMARY:
This
final
rule
clarifies
a
provision
included
in
recent
amendments
to
the
Comprehensive
VerDate
Jan<
31>
2003
13:
38
May
08,
2003
Jkt
200001
PO
00000
Frm
00030
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
09MYR1.
SGM
09MYR1
24889
Federal
Register
/
Vol.
68,
No.
90
/
Friday,
May
9,
2003
/
Rules
and
Regulations
Environmental
Response,
Compensation,
and
Liability
Act
(
CERCLA).
Specifically,
today's
final
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.''
Today's
action
clarifies
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
qualify
as
a
bona
fide
prospective
purchaser
and
to
establish
an
innocent
landowner
defense
under
CERCLA,
can
be
satisfied
through
the
use
of
ASTM
Standard
E1527
 
00,
entitled
``
Standard
Practice
for
Environmental
Site
Assessment:
Phase
I
Environmental
Site
Assessment
Process.''
In
addition,
recipients
of
brownfields
site
assessment
grants
will
be
in
compliance
with
the
all
appropriate
inquiry
requirements
if
they
comply
with
either
the
ASTM
Standard
E1527
 
97,
or
the
ASTM
E1527
 
00
Standard.
DATES:
This
final
rule
is
effective
June
9,
2003.
ADDRESSES:
The
record
for
this
rulemaking
has
been
established
under
docket
number
SFUND
 
2002
 
0007.
Copies
of
public
comments
received,
EPA
response,
and
all
other
supporting
documents
are
available
for
review
at
the
U.
S.
Environmental
Protection
Agency
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
through
Friday,
excluding
Federal
holidays.
To
review
docket
material,
it
is
recommended
that
the
public
make
an
appointment
by
calling
(
202)
566
 
0276.

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
Cleanup
and
Redevelopment
(
5105T),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
NW.,
Washington,
DC
20460
 
0002,
202
 
566
 
2774.
overmeyer.
patricia@
epa.
gov.
SUPPLEMENTARY
INFORMATION:

Regulated
Entities
Entities
potentially
affected
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)
may
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
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
or
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
INFORMATON
CONTACT.

Preamble
I.
Statutory
Authority
II.
Background
III.
Summary
of
Final
Rule
IV.
Changes
from
January
24,
2003
Proposed
Rule
V.
Response
to
Comments
VI.
Administrative
Requirements
I.
Statutory
Authority
This
final
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
clarifies
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
Law'').
The
Brownfields
Law
revises
CERCLA
section
101(
35)
and
provides
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
that
will
establish
standards
and
practices
for
how
to
conduct
all
appropriate
inquiry.
In
addition,
in
the
Brownfields
Law,
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.
On
January
24,
2003,
EPA
published
a
proposed
rule
(
68
FR
3478)
that
would
clarify
for
the
purposes
of
CERCLA
section
101(
35)(
B),
and
until
the
Agency
promulgates
regulations
implementing
standards
for
all
appropriate
inquiry,
parties
may
use
either
the
procedures
provided
in
ASTM
E1527
 
00,
entitled
``
Standard
Practice
for
Environmental
Site
Assessment:
Phase
I
Environmental
Site
Assessment
Process,''
or
the
standard
ASTM
E1527
 
97.
Today's
rulemaking
constitutes
EPA's
final
action
on
the
proposed
rule.

III.
Summary
of
Final
Rule
Today's
final
rule
clarifies
that
persons
may
use
the
current
ASTM
standard,
E1527
 
00
for
conducting
all
appropriate
inquiry
under
CERCLA
section
101(
35)(
B)
for
properties
purchased
on
or
after
May
31,
1997.
Such
property
owners
also
may
continue
to
use
ASTM's
previous
standard,
E1527
 
97
for
conducting
all
appropriate
inquiry.
In
addition,
parties
receiving
federal
grant
monies
for
the
characterization
and
assessment
of
brownfields
properties,
may
use
either
the
1997
or
the
2000
version
of
the
ASTM
Phase
I
Site
Assessment
Standard
when
conducting
site
assessments
using
brownfields
grant
monies.

IV.
Changes
From
the
January
24,
2003
Proposed
Rule
We
made
one
minor
change
in
the
rule
text.
One
commenter
pointed
out
that
the
most
recent
version
of
the
ASTM
Phase
I
Environmental
Site
Assessment
Standard
was
incorrectly
referenced
as
``
ASTM
E1527
 
2000''
in
the
proposed
rule.
We
agree
that
the
VerDate
Jan<
31>
2003
13:
38
May
08,
2003
Jkt
200001
PO
00000
Frm
00031
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
09MYR1.
SGM
09MYR1
24890
Federal
Register
/
Vol.
68,
No.
90
/
Friday,
May
9,
2003
/
Rules
and
Regulations
correct
nomenclature
is
ASTM
E1527
 
00
and
we
made
the
corresponding
correction
in
today's
final
rule.
The
statutory
cite
referencing
the
award
of
brownfields
assessment
grants
was
corrected
to
reflect
the
appropriate
cite.

V.
Response
to
Comments
On
January
24,
2003,
EPA
published
a
proposed
rule
(
68
FR
3478)
clarifying
that
both
the
1997
and
the
2000
version
of
ASTM's
E1527
Phase
I
environmental
site
assessment
standard
may
be
used
to
comply
with
the
interim
standard
for
all
appropriate
inquiry
established
by
Congress
in
the
Brownfields
Law.
We
received
several
comments
on
the
proposed
rule.
A
discussion
of
the
significant
comments
follows.
A
complete
copy
of
the
comments
and
EPA's
response
are
included
in
the
docket
for
today's
final
rule.
One
commenter,
the
Utah
Professional
Environmental
Consultants
Association,
stated
that
EPA's
proposal
was
inappropriate
and
biased
because
the
site
assessment
method
cited
by
EPA
(
the
ASTM
 
E1527
 
00
standard)
``
excludes
methods
of
site
auditing
that
do
not
conform
to
or
acknowledge
ASTM
standards.''
The
commenter
also
stated
that
``
States
should
be
setting
the
standards
for
site
assessment,
not
the
Federal
EPA,
especially
when
the
Agency
is
using
the
auditing
style
of
a
for­
profit
organization.''
The
Ohio
Department
of
Transportation
(
ODOT)
commented
that
Ohio
did
not
adopt
the
ASTM
Phase
I
site
assessment
standards
because
it
is
designed
for
private
commercial/
industrial
transactions
and
does
not
address
ODOT's
needs.
Section
101(
35)(
B)(
iv)(
II)
of
CERCLA
provides
that
until
EPA
promulgates
the
regulations
under
(
B)(
ii),
``
the
procedures
of
the
American
Society
for
Testing
and
Materials
*
*
*
shall
satisfy
the
requirements
in
clause
(
i).''
Thus,
the
decision
to
accept
ASTM
procedures
was
made
by
Congress,
and
not
by
EPA.
The
narrow
purpose
of
today's
rule
is
to
recognize
that
there
is
a
more
recent
ASTM
standard
than
the
one
mentioned
in
the
statute.
In
addition,
EPA
is
developing
a
regulation
pursuant
to
section
101(
35)(
B)
that
will
establish
new
Federal
standards
for
conducting
all
appropriate
inquiry
for
the
purposes
of
establishing
liability
and
conducting
property
assessments
with
brownfields
grants.
States
also
are
free
to
promulgate
any
standards
they
feel
are
appropriate
for
use
in
their
State
programs.
To
the
extent
any
State
has
regulations
establishing
standards
for
all
appropriate
inquiry,
EPA
may
consider
the
merits
of
such
standards
during
the
development
of
the
Federal
standard.
Another
commenter,
INTERTOX,
stated
that
the
ASTM
standard
``
inadequately
accounts
for
regional
differences
in
the
availability
of
historical
documents
for
the
characterization
of
past
uses
of
a
site.''
The
commenter
also
stated
that
all
appropriate
inquiry
``
should
vary
according
to
the
geographic
location
of
the
site
under
investigation.''
As
stated
in
the
proposed
rule,
the
interim
ASTM
standard,
as
provided
by
Congress
in
the
Brownfields
Law,
will
be
effective
only
until
EPA
promulgates
regulations
setting
a
federal
standard
for
all
appropriate
inquiry.
The
issue
of
``
historical
sources''
will
be
addressed
in
the
subsequent
rule,
consistent
with
the
statutory
criteria
for
those
standards
and
practices.
While
developing
the
``
all
appropriate
inquiry''
standards,
EPA
intends
to
consider
multiple
sources
of
information
regarding
technical
standards
and
``
historical
sources''
of
site
use.
Phase
Engineering,
Inc.
submitted
a
comment
pointing
out
that
EPA
incorrectly
cited
the
most
recent
version
of
the
ASTM
Phase
I
site
assessment
standards
as
``
ASTM
E1527
 
2000.''
The
commenter
pointed
out
that
the
correct
nomenclature
is
``
ASTM
E1527
 
00.''
Today's
final
rule
includes
the
correct
nomenclature.

VI.
Administrative
Requirements
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.
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.).
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.
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)
(
Public
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.
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).
In
addition,
this
rule
also
does
not
have
tribal
implications,
as
specified
by
Executive
Order
13175
(
65
FR
67249,
November
6,
2000).
This
rule
also
is
not
subject
to
Executive
Order
13045
(
62
FR
1985,
April
23,
1997),
because
it
is
not
economically
significant.
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.
This
action
does
involve
technical
standards.
Therefore,
the
requirements
of
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
VerDate
Jan<
31>
2003
13:
38
May
08,
2003
Jkt
200001
PO
00000
Frm
00032
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
09MYR1.
SGM
09MYR1
24891
Federal
Register
/
Vol.
68,
No.
90
/
Friday,
May
9,
2003
/
Rules
and
Regulations
allows
for
the
use
of
the
American
Society
for
Testing
and
Materials
(
ASTM)
standard
known
as
Standard
E1527
 
00
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.''
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).
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
June
9,
2003.

List
of
Subjects
in
40
CFR
Part
312
Environmental
protection,
Administrative
practice
and
procedure,
Hazardous
substances,
Intergovernmental
relations,
Reporting
and
recordkeeping
requirements.

Dated:
May
2,
2003.
Christine
Todd
Whitman,
Administrator.


For
the
reasons
set
out
in
the
preamble,
title
40,
chapter
I
of
the
code
of
Federal
Regulations
is
amended
as
follows:


1.
Subchapter
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
§
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
103(
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
defined
under
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).

§
312.2
Standards
and
practices
for
all
appropriate
inquiry.

With
respect
to
property
purchases
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
 
00,
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
 
11473
Filed
5
 
8
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
M
DEPARTMENT
OF
TRANSPORTATION
Federal
Railroad
Administration
49
CFR
Part
209
[
Docket
No.
FRA
1999
 
6086]

RIN
2130
 
AB15
Final
Policy
Statement
Concerning
Small
Entities
Subject
to
the
Railroad
Safety
Laws
AGENCY:
Federal
Railroad
Administration
(
FRA),
Department
of
Transportation
(
DOT).
ACTION:
Final
rule;
final
statement
of
agency
policy.

SUMMARY:
On
August
11,
1997,
in
compliance
with
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(
SBREFA),
FRA
issued
an
Interim
Policy
Statement
Concerning
Small
Entities
Subject
to
the
Railroad
Safety
Laws.
This
document
discusses
comments
received
in
response
to
the
Interim
Policy
Statement
and
adopts
the
Interim
Policy
Statement
as
the
Final
Policy
Statement
Concerning
Small
Entities
Subject
to
the
Railroad
Safety
Laws,
with
minor
edits
required
to
update
the
language.
The
Final
Policy
Statement
contains
FRA's
communication
and
enforcement
policy
statements
concerning
small
entities
subject
to
the
railroad
safety
laws.
FRA
has
in
place
programs
that
devote
special
attention
to
the
unique
concerns
and
operations
of
small
entities
in
the
administration
of
the
national
railroad
safety
compliance
and
enforcement
program.
DATES:
This
policy
statement
is
effective
May
9,
2003.
FOR
FURTHER
INFORMATION
CONTACT:
(
1)
Principal
Program
Person:
Jeffrey
Horn,
Office
of
Safety
Planning
and
Evaluation,
Federal
Railroad
Administration,
1120
Vermont
Ave.
NW.,
Mail
Stop
25,
Washington,
DC
20590
(
tel:
(
202)
493
 
6283)
(
2)
Principal
Attorney:
Melissa
Porter,
Office
of
Chief
Counsel,
Federal
Railroad
Administration,
1120
Vermont
Ave.,
NW.,
Mail
Stop
10,
Washington,
DC
20590
(
tel:
(
202)
493
 
6034)
(
3)
Enforcement
Issues:
Douglas
Taylor,
Operating
Practices
Division,
1120
Vermont
Ave.,
NW.,
Mail
Stop
25,
Washington,
DC
20590
(
tel:
(
202)
493
 
6255).
SUPPLEMENTARY
INFORMATION:

I.
Background
On
August
11,
1997,
FRA
issued
an
Interim
Policy
Statement
Concerning
Small
Entities
Subject
to
the
Railroad
Safety
Laws
(
62
FR
43024,
August
11,
1997)
(
Interim
Policy
Statement)
in
compliance
with
the
requirements
of
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(
Pub.
L.
104
 
121)
(
SBREFA).
SBREFA
establishes
requirements
for
federal
agencies
to
follow
with
respect
to
small
businesses,
creates
duties
for
the
Small
Business
Administration
(
SBA),
and
amends
portions
of
the
Regulatory
Flexibility
Act
(
5
U.
S.
C.
601,
et
seq.)
and
the
Equal
Access
to
Justice
Act
(
EAJA)
(
5
U.
S.
C.
501,
et
seq.).
The
primary
purposes
of
SBREFA
are
to
implement
recommendations
developed
at
the
1995
White
House
Conference
on
Small
Business,
to
provide
small
businesses
enhanced
opportunities
for
judicial
review
of
final
agency
action,
to
encourage
small
business
participation
in
the
regulatory
process,
to
develop
accessible
sources
of
information
on
VerDate
Jan<
31>
2003
13:
38
May
08,
2003
Jkt
200001
PO
00000
Frm
00033
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
09MYR1.
SGM
09MYR1
