49714 Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Proposed Rules 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter. 

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

Dated: July 31, 2013. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2013–19606 Filed 8–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 312 

[EPA–HQ–SFUND–2013–0513; FRL–9845–8] 

Amendment to Standards and 

Practices for All Appropriate Inquiries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

the Standards and Practices for All 

Appropriate Inquiries to reference a 

standard practice recently made 

available by ASTM International, a 

widely recognized standards 

development organization. Specifically, 

EPA is proposing to amend the All 

Appropriate Inquiries Final Rule to 

reference ASTM International’s E1527– 

13 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process’’ and allow for its use to satisfy 

the requirements for conducting all 

appropriate inquiries under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act. 

DATES: Written comments must be 

received by September 16, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2013–0513 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: superfund.docket@epa.gov. 

• Fax: 202–566–9744. 

• Mail: Superfund Docket, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460. 

• Hand Delivery: EPA Headquarters 

West Building, Room 3334, located at 

1301 Constitution Ave. NW., 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

EPA Headquarters Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m. Eastern Standard Time, Monday 

through Friday, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2013– 

0513. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, 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 www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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 the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Certain types of information 

claimed as CBI, and other information 

whose disclosure is restricted by statute, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material, such 

as ASTM International’s E1527–13 

‘‘Standard Practice for Environmental 

Site Assessments: Phase I 

Environmental Site Assessment 

Process’’ will not be placed in EPA’s 

electronic public docket but will be 

publicly available only in printed form 

in the official public docket. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the HQ EPA Docket Center, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room at 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 Superfund 

Docket is (202) 566–9744. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

CERCLA Call Center at 800–424–9346 or 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Proposed Rules 49715 

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 Rachel Lentz, Office of 

Brownfields and Land Revitalization 

(5105T), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460–0002, 202– 

566–2745, or lentz.rachel@epa.gov. 

SUPPLEMENTARY INFORMATION

I. Regulated Entities 

Today’s action offers certain parties 

the option of using an available industry 

standard to conduct all appropriate 

inquiries. Parties purchasing potentially 

contaminated properties may use the 

ASTM E1527–13 standard practice to 

comply with the all appropriate 

inquiries requirements of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA). Today’s proposed rule 

will not require any entity to use this 

standard. Any party who wants to claim 

protection from liability under one of 

CERCLA’s landowner liability 

protections may follow the regulatory 

requirements of the All Appropriate 

Inquiries Final Rule at 40 CFR part 312, 

use the ASTM E1527–05, use the ASTM 

E2247–08 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process for Forestland or Rural 

Property,’’ or use the standard 

recognized in today’s proposed rule, the 

ASTM E1527–13 standard. 

Entities potentially affected by this 

action, or who may choose to use the 

newly referenced ASTM standard to 

perform all appropriate inquiries, 

include public and private parties who, 

as bona fide prospective purchasers, 

contiguous property owners, or 

innocent landowners, are purchasing 

potentially contaminated properties and 

wish to establish a limitation on 

CERCLA liability in conjunction with 

the property purchase. In addition, any 

entity conducting a site characterization 

or assessment on a property with a 

brownfields grant awarded under 

CERCLA Section 104(k)(2)(B)(ii) 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 

Industry category NAICS Code 

Environmental Consulting 

Services ........................ 54162 

State, Local and Tribal 

Government .................. 926110, 925120 

Federal Government ......... 925120, 921190, 

924120 

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.’’ 

II. Why is EPA issuing this proposed 

rule? 

This document proposes to amend the 

All Appropriate Inquiries Final Rule at 

40 CFR part 312 to reference ASTM 

International’s E1527–13 ‘‘Standard 

Practice for Environmental Site 

Assessments: Phase I Environmental 

Site Assessment Process’’ and allow for 

its use to satisfy the requirements for 

conducting all appropriate inquiries 

under CERCLA. We have published a 

direct final rule amending the All 

Appropriate Inquiries Final Rule to 

reference the ASTM E1527–13 standard 

and allow for its use to comply with the 

final rule in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register because we view this as a 

noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action in 

the preamble to the direct final rule. 

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 

will address all public comments in any 

subsequent final rule based on this 

proposed rule. We do not intend to 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information, please see the 

information provided in the ADDRESSES

section of this document. 

III. Statutory Authority 

EPA is proposing to amend the All 

Appropriate Inquiries Final Rule that 

sets federal standards for the conduct of 

‘‘all appropriate inquiries’’ at 40 CFR 

part 312. The All Appropriate Inquiries 

Final Rule sets forth standards and 

practices necessary for fulfilling the 

requirements of CERCLA section 

101(35)(B) as required to obtain 

CERCLA liability protection and for 

conducting site characterizations and 

assessments with the use of brownfields 

grants per CERCLA section 

104(k)(2)(B)(ii). 

IV. Background 

On January 11, 2002, President Bush 

signed the Small Business Liability 

Relief and Brownfields Revitalization 

Act (‘‘the Brownfields Amendments’’). 

In general, the Brownfields 

Amendments to CERCLA provide funds 

to assess and cleanup brownfields sites; 

clarifies existing and establishes new 

CERCLA liability provisions related to 

certain types of owners of contaminated 

properties; and provides funding to 

establish or enhance State and Tribal 

cleanup programs. The Brownfields 

Amendments revised some of the 

provisions of CERCLA Section 101(35) 

and limit liability under Section 107 for 

bona fide prospective purchasers and 

contiguous property owners, in addition 

to clarifying the requirements necessary 

to establish the innocent landowner 

liability protection under CERCLA. The 

Brownfields Amendments clarified the 

requirement that parties purchasing 

potentially contaminated property 

undertake ‘‘all appropriate inquiries’’ 

into prior ownership and use of 

property prior to purchasing the 

property to qualify for protection from 

CERCLA liability. 

The Brownfields Amendments 

required EPA to develop regulations 

establishing standards and practices for 

how to conduct all appropriate 

inquiries. EPA promulgated regulations 

that set standards and practices for all 

appropriate inquiries on November 1, 

2005 (70 FR 66070). In the final 

regulation, EPA referenced, and 

recognized as compliant with the final 

rule, the ASTM E1527–05 ‘‘Standard 

Practice for Environmental Site 

Assessments: Phase I Environmental 

Site Assessment Standard Process.’’ In 

December 2008, EPA amended the final 

rule to recognize another ASTM 

standard as compliant with the direct 

final rule, ASTM E2247–08 ‘‘Standard 

Practice for Environmental Site 

Assessments: Phase I Environmental 

Site Assessment Process for Forestland 

or Rural Property.’’ Therefore, the final 

rule (40 CFR part 312) allows for the use 

of the ASTM E1527–05 standard or the 

ASTM E2247–08 standard to conduct all 

appropriate inquiries, in lieu of 

following requirements included in the 

final rule. 

Since EPA promulgated the All 

Appropriate Inquiries Final Rule setting 

standards and practices for the conduct 


emcdonald on DSK67QTVN1PROD with PROPOSALS
49716 Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Proposed Rules 

of all appropriate inquiries, ASTM 

International published a revised 

standard for conducting Phase I 

environmental site assessments. This 

standard, ASTM E1527–13, ‘‘Standard 

Practice for Environmental Site 

Assessments: Phase I Environmental 

Site Assessment Process,’’ was reviewed 

by EPA, in response to a request for its 

review by ASTM International, and 

determined by EPA to be compliant 

with the requirements of the All 

Appropriate Inquiries Final Rule. 

With today’s action, EPA is proposing 

to amend the all appropriate inquiries 

final rule to allow for the use of the 

recently revised ASTM standard, 

E1527–13, for conducting all 

appropriate inquiries, as required under 

CERCLA for establishing the bona fide 

prospective purchaser, contiguous 

property owner, and innocent 

landowner liability protections. 

With today’s action, parties seeking 

liability relief under CERCLA’s 

landowner liability protections, as well 

as recipients of brownfields grants for 

conducting site assessments, will be 

considered to be in compliance with the 

requirements for all appropriate 

inquiries, if such parties comply with 

the procedures provided in the ASTM 

E1527–13, ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process.’’ EPA determined that it is 

reasonable to make this determination 

based upon the Agency’s finding that 

the ASTM E1527–13 standard is 

compliant with the All Appropriate 

Inquiries Final Rule. 

The Agency notes that today’s action 

will not require any party to use the 

ASTM E1527–13 standard. Any party 

conducting all appropriate inquiries to 

comply with CERCLA’s bona fide 

prospective purchaser, contiguous 

property owner, and innocent 

landowner liability protections may 

continue to follow the provisions of the 

All Appropriate Inquiries Final Rule at 

40 CFR part 312 or continue to use 

either the ASTM E1527–05 standard or 

use the ASTM E2247–08 standard. 

In proposing today’s action, the 

Agency is allowing for the use of an 

additional recognized standard or 

customary business practice, to comply 

with a federal regulation. Today’s 

proposed action does not require any 

person to use the newly revised 

standard. Today’s proposed action 

merely will allow for the use of the 

ASTM E1527–13 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process’’ for those parties purchasing 

potentially contaminated properties 

who want to use the ASTM E1527–13 

standard in lieu of the following specific 

requirements of the all appropriate 

inquiries final rule. 

The Agency notes that there are no 

legally significant differences between 

the regulatory requirements and the two 

ASTM E1527 standards. To facilitate an 

understanding of the slight differences 

between the All Appropriate Inquiries 

Final Rule, the ASTM E1527–05 Phase 

I Environmental Site Assessment 

Standard and the revised ASTM E1527– 

13 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process,’’ as well as the applicability of 

the E1527–13 standard for certain types 

of properties, EPA developed, and 

placed in the docket for today’s 

proposed action, the document 

‘‘Summary of Updates and Revisions to 

ASTM E1527 Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process: How E1527–13 Differs from 

E1527–05.’’ The document provides a 

cross walk between the two ASTM 

E1527 standards. 

By proposing today’s action, EPA is 

fulfilling the intent and requirements of 

the National Technology Transfer and 

Advancement Act (NTTAA). 

EPA’s proposed action includes no 

changes to the All Appropriate Inquiries 

Rule other than to add an additional 

reference to the new ASTM E1527–13 

standard. EPA is not seeking comments 

on the standards and practices included 

in the final rule published at 40 CFR 

part 312. Also, EPA is not seeking 

comments on the ASTM E1527–13 

standard. EPA’s only action with today’s 

proposed rule is recognition of the 

ASTM E1527–13 standard as compliant 

with the final rule and, therefore, it is 

only this action on which the Agency is 

seeking comment. 

V. This Action 

EPA is proposing this action because 

the Agency wants to provide additional 

flexibility for brownfields grant 

recipients or other entities that may 

benefit from the use of the ASTM 

E1527–13 standard. We believe that 

today’s proposed action will allow for 

the use of a tailored standard developed 

by a recognized standards developing 

organization and that was reviewed by 

EPA and determined to be equivalent to 

the Agency’s final rule. Today’s action 

does not disallow the use of the 

previously recognized standards (ASTM 

E1527–05 or ASTM E2247–08) and it 

will not alter the requirements of the 

previously promulgated final rule. In 

addition, today’s proposal potentially 

will increase flexibility for some parties 

who may make use of the new standard, 

without placing any additional burden 

on those parties who prefer to use either 

the ASTM E1527–05 standard, the 

ASTM E2247–08 or follow the 

requirements of the All Appropriate 

Inquiries Final Rule when conducting 

all appropriate inquiries. 

VI. Statutory and Executive Order 

Reviews 

For a complete discussion of all of the 

administrative requirements applicable 

to this action, see the discussion in the 

‘‘Statutory and Executive Order 

Reviews’’ section to the preamble for the 

direct final rule that is published in the 

Rules and Regulations section of this 

Federal Register. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993) and Executive 

Order 13563 (76 FR 3821, January 21, 

2011), this proposed action is not a 

‘‘significant regulatory action’’ and is 

therefore not subject to OMB review. 

This action merely amends the All 

Appropriate Inquiries Final Rule to 

reference ASTM International’s E1527– 

13 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process’’ and allow for its use to satisfy 

the requirements for conducting all 

appropriate inquiries under CERCLA. 

This action does not impose any 

requirements on any entity, including 

small entities. Therefore, pursuant to 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.), after considering the 

economic impacts of this action on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

List of Subjects in 40 CFR Part 312 

Administrative practice and 

procedure, Hazardous substances. 

Dated: August 5, 2013. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2013–19763 Filed 8–14–13; 8:45 am] 

BILLING CODE 6560–50–P 


emcdonald on DSK67QTVN1PROD with PROPOSALS