Standards and Practices for All Appropriate Inquiries; Notice of Proposed Rulemaking, 17804-17808 [2024-05232]
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17804
Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Proposed Rules
for advertisement or otherwise
authorized to proceed unless the
manufactured products used and
permanently incorporated in such
project are produced in the United
States. To meet this requirement, the
manufactured product must meet the
following:
(1) The following definitions apply to
this section:
(i) Component means an article,
material, or supply, whether
manufactured or unmanufactured,
incorporated directly into a
manufactured product or, where
applicable, an iron or steel product.
(ii) Excluded materials means section
70917(c) materials as defined in 2 CFR
184.3.
(iii) Iron or steel products means
articles, materials, or supplies that
consist wholly or predominantly of iron
or steel or a combination of both.
(iv) Manufactured products means
articles, materials, or supplies that have
been processed into a specific form and
shape, or combined with other articles,
materials, or supplies to create a
product with different properties than
the individual articles, materials, or
supplies. If an item is classified as an
iron or steel product, an excluded
material, or other product category as
specified by law or in 2 CFR part 184,
then it is not a manufactured product.
However, an article, material, or supply
classified as a manufactured product
may include components that are iron
or steel products, excluded materials, or
other product categories as specified by
law or in 2 CFR part 184. Mixtures of
concrete or asphalt delivered to a job
site without final form for incorporation
into a project are not a manufactured
product.
(v) Manufacturer, in the case of
manufactured products, means the
entity that performs the final
manufacturing process that produces a
manufactured product.
(vi) Predominantly of iron or steel or
a combination of both means that the
cost of the iron and steel content
exceeds 50 percent of the total cost of
all its components. The cost of iron and
steel is the cost of the iron or steel mill
products (such as bar, billet, slab, wire,
plate, or sheet), castings, or forgings
utilized in the manufacture of the
product and a good faith estimate of the
cost of iron or steel components.
(vii) Produced in the United States, in
the case of manufactured products,
means:
(A) The product was manufactured in
the United States; and
(B) The cost of the components of the
manufactured product that are mined,
produced, or manufactured in the
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United States is greater than 55 percent
of the total cost of all components of the
manufactured product.
(2) An article, material, or supply
shall only be classified as an iron or
steel product, a manufactured product,
or other products as specified by law or
in 2 CFR part 184. An iron or steel
product must meet the requirements of
paragraph (b) of this section. Except as
otherwise provided in this paragraph
(c), an article, material, or supply shall
not be considered to fall into multiple
categories. In some cases, an article,
material, or supply may not fall under
any of the above-listed categories. The
classification of an article, material, or
supply as falling into one of the
categories listed in this paragraph (c)
must be made based on its status at the
time it is brought to the work site for
incorporation into an infrastructure
project. In general, the work site is the
location of the infrastructure project at
which the iron or steel product or
manufactured product will be
incorporated.
(i) With respect to precast concrete
products that are classified as
manufactured products, components of
precast concrete products that are
manufactured predominantly of iron or
steel or a combination of both shall meet
the requirements of paragraph (b) of this
section. The cost of such components
shall be included in the applicable
calculation for purposes of determining
whether the precast concrete product is
produced in the United States.
(ii) With respect to intelligent
transportation systems and other
electronic hardware systems that are
installed in the highway right of way or
other real property and classified as
manufactured products, the cabinets or
other enclosures of such systems that
are manufactured predominantly of iron
or steel or a combination of both shall
meet the requirements of paragraph (b)
of this section. The cost of cabinets or
other enclosures shall be included in
the applicable calculation for purposes
of determining whether systems referred
to in the preceding sentence are
produced in the United States.
(3) In determining whether the cost of
components for manufactured products
is greater than 55 percent of the total
cost of all components, recipients shall
determine the cost as follows:
(i) For components purchased by the
manufacturer, the acquisition cost,
including transportation costs to the
place of incorporation into the
manufactured product (whether or not
such costs are paid to a domestic firm),
and any applicable duty (whether or not
a duty-free entry certificate is issued); or
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(ii) For components manufactured by
the manufacturer, all costs associated
with the manufacture of the component,
including transportation costs as
described in paragraph (a) of this
section, plus allocable overhead costs,
but excluding profit. Cost of
components does not include any costs
associated with the manufacture of the
manufactured product.
(4) The provisions of this paragraph
(c) are separate and severable from one
another and from the other provisions of
this section. If any provision is stayed
or determined to be invalid, the
remaining provisions shall continue in
effect.
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[FR Doc. 2024–05182 Filed 3–11–24; 8:45 am]
BILLING CODE 4910–22–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 312
[EPA–HQ–OLEM–2024–0097; FRL–11691–
02–OLEM]
Standards and Practices for All
Appropriate Inquiries; Notice of
Proposed Rulemaking
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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 Rule to reference
ASTM International’s E2247–23
‘‘Standard Practice for Environmental
Site Assessments: Phase I
Environmental Site Assessment Process
for Forestland or Rural Property’’ and
allow for its use to satisfy the
requirements for conducting all
appropriate inquiries under the
Comprehensive Environmental
Response, Compensation, and Liability
Act. EPA is additionally proposing to
remove after one year, from the All
Appropriate Inquiries Rule, recognition
of the previous version of that standard,
ASTM E2247–16, as compliant with the
All Appropriate Inquiries Rule.
DATES: Written comments must be
received by April 11, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OLEM–2024–0097 at
www.regulations.gov: Follow the on-line
SUMMARY:
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Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Proposed Rules
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI and multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
For
more detailed information on specific
aspects of this rule, contact Patricia
Overmeyer, Office of Brownfields and
Land Revitalization (5105T), U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington,
DC 20460–0002, 202–566–2774, or
Overmeyer.patricia@epa.gov
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Why is EPA issuing this proposed rule?
II. Does this action apply to me
III. What should I consider as I prepare my
Comments for EPA?
IV. Statutory Authority
V. Background
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews
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I. Why is EPA issuing this proposed
rule?
With this action EPA proposes to
amend the All Appropriate Inquiries
Rule at 40 CFR part 312 to reference
ASTM International’s E2247–23
‘‘Standard Practice for Environmental
Site Assessments: Phase I
Environmental Site Assessment Process
for Forestland or Rural Property’’ and
allow for its use to satisfy the
requirements for conducting all
appropriate inquiries under CERCLA.
EPA also is proposing to sunset its
reference to E2247–16, the historic
version of the same ASTM standard, as
compliant with the All Appropriate
Inquiries Rule.
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EPA is not proposing any changes to
regulatory requirements in the All
Appropriate Inquiries Rule. Therefore,
EPA is not seeking comments on the
standards and practices included in the
All Appropriate Inquiries Rule at 40
CFR part 312. EPA is only seeking
comments on the Agency’s decision to
reference the revised ASTM E2247–23
‘‘Standard Practice for Environmental
Site Assessments: Phase I
Environmental Site Assessment Process
for Forestland or Rural Property’’ as
compliant with the AAI regulation, and
to sunset the reference to the previous
version of the standard, ASTM E2247–
16 as compliant with the AAI Rule. EPA
is not seeking comments on the ASTM
E2247–23 standard.
EPA 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 on this proposal must do
so at this time. For further information,
please see the information provided in
the ADDRESSES section of this document.
II. Does this action apply to me?
This action offers certain parties the
option of using an available industry
standard to conduct all appropriate
inquiries. Parties purchasing potentially
contaminated properties will be able to
use the ASTM E2247–23 standard
practice to comply with the all
appropriate inquiries requirements of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA). This 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 Rule at 40 CFR part 312, use
the ASTM’s E1527–21 ‘‘Standard
Practice for Environmental Site
Assessments: Phase I Environmental
Site Assessment Process,’’ or use the
standard recognized in this proposed
rule, the ASTM E2247–23 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
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CERCLA section 104(k)(2)(B)(ii) may be
affected by this action. This includes
state, local, and Tribal governments that
receive brownfields site assessment
grants. A summary of the potentially
affected industry sectors (by North
American Industry Classification
System (NAICS) codes) is displayed in
the table below.
Industry category
Real Estate ...............................
Insurance ..................................
Banking/Real Estate Credit ......
Environmental Consulting Services.
State, Local and Tribal Government.
Federal Government ................
NAICS code
531.
52412.
522292.
54162.
926110, 925120.
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 FOR FURTHER INFORMATION
CONTACT section of this document.
III. What should I consider as I prepare
my comments for EPA?
Direct your comments to Docket ID
No. EPA–HQ–OLEM–2024–0097. 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.
A. Submitting CBI: Do not submit any
information that you consider to be CBI
or otherwise protected through
www.regulations.gov or email. You can
only submit CBI to EPA via U.S. mail at:
HQ EPA Docket Center, EPA/DC, EPA
West, Room 3334, 1301 Constitution
Ave., NW, Washington, DC 20460.
Clearly mark all information that you
claim to be CBI. For CBI submitted on
a disk or CD ROM that you mail to EPA,
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 claimed as CBI. In
addition to one complete version of the
comment that includes 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.
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Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments:
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date, and page number).
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns and suggested
alternative.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
The www.regulations.gov website 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 or 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 https://
www2.epa.gov/edockets/commentingepa-dockets.
C. The 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 E2247–23
‘‘Standard Practice for Environmental
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Site Assessments: Phase I
Environmental Site Assessment Process
for Forestland or Rural Property’’ 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 20460.
IV. Statutory Authority
EPA is proposing to amend the All
Appropriate Inquiries Rule that sets
Federal standards for the conduct of ‘‘all
appropriate inquiries’’ at 40 CFR part
312. The All Appropriate Inquiries 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).
V. 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;
clarify existing and establish new
CERCLA liability provisions related to
certain types of owners of contaminated
properties; and provide funding to
establish or enhance State and Tribal
cleanup programs. The Brownfields
Amendments revised some of the
provisions of CERCLA section 101(35)
and limited 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 before purchasing the
property to qualify for protection from
CERCLA liability.
The 2002 Brownfields Amendments
to CERCLA 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
regulation, EPA referenced, and
recognized as compliant with the rule,
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the ASTM E1527–05 ‘‘Standard Practice
for Environmental Site Assessments:
Phase I Environmental Site Assessment
Standard Process.’’ In December 2008,
EPA used a direct final rule to amend
the All Appropriate Inquiries Rule to
recognize another ASTM standard as
compliant, ASTM E2247–08 ‘‘Standard
Practice for Environmental Site
Assessments: Phase I Environmental
Site Assessment Process for Forestland
or Rural Property.’’ Both standards, the
ASTM E1527–05 and the ASTM E2247–
08, were subsequently revised by ASTM
International, and the revised versions
were referenced by EPA as compliant
with the All Appropriate Inquiries Rule.
EPA referenced the ASTM E1527–13
standard on August 15, 2013 (78 FR
49690), referenced the ASTM E1527–21
Standard on December 15, 2022 (87 FR
76578), and referenced the ASTM
E2247–16 standard on September 15,
2017 (82 FR 43310). Currently, the All
Appropriate Inquiries Rule (40 CFR part
312) allows for the use of the ASTM
E1527–21 standard or the ASTM E2247–
16 standard to conduct all appropriate
inquiries, in lieu of following
requirements included in the Rule.
Recently, ASTM International
published a revised standard for
conducting Phase I environmental site
assessments for forestland or rural
properties. This standard, ASTM
E2247–23, ‘‘Standard Practice for
Environmental Site Assessments: Phase
I Environmental Site Assessment
Process for Forestland or Rural
Properties,’’ was reviewed by EPA, and
determined by EPA to be compliant
with the requirements of the All
Appropriate Inquiries Rule.
Once this action is final, the All
Appropriate Inquiries Rule also will
allow for the use of the ASTM E2247–
23 standard. The reference to the ASTM
E2247–16 will be sunset one year
following the publication of a final rule.
VI. What action is EPA taking?
This proposed rule will amend the All
Appropriate Inquiries Rule to allow for
the use of the ASTM E2247–23 standard
to conduct all appropriate inquiries as
required under CERCLA for establishing
the bona fide prospective purchaser,
contiguous property owner, and
innocent landowner liability
protections.
With this proposed 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 in compliance with the
requirements for all appropriate
inquiries if such parties comply with
the procedures provided in the ASTM
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E2247–23, ‘‘Standard Practice for
Environmental Site Assessments: Phase
I Environmental Site Assessment
Process for Forestland or Rural
Property.’’ EPA made the determination
that the ASTM E2247–23 Standard is
compliant with the All Appropriate
Inquiries regulation based upon the
Agency’s finding, after reviewing the
elements of the ASTM standard practice
and comparing them to the
requirements set forth in the All
Appropriate Inquiries Rule.
Also, as part of this proposed action,
to avoid any confusion associated with
the Agency’s recognition of a historical
standard no longer recognized by ASTM
International as current, or no longer
reflecting its current consensus-based or
customary business standard, the
Agency is proposing to remove its
current reference to the ASTM E2247–
16 ‘‘Standard Practice for
Environmental Site Assessments for
Forestland or Rural Property.’’ To
provide parties with an adequate
opportunity to complete any AAI
investigations that may be on-going
using the ASTM E2247–16 standard at
the time that EPA publishes a final
rulemaking for this action and to allow
all parties sufficient notice to become
familiar with the updated industry
standard (ASTM E2247–23), the Agency
is proposing to a sunset period for the
removal of its recognition of the historic
standard (ASTM E2247–16) as
compliant with all appropriate
inquiries. The sunset period for removal
of the reference to the ASTM E2247–16
Standard Practice for Environmental
Site Assessments for Forestland or Rural
Property will be one year from the date
on which the Agency publishes a final
rule recognizing the updated standard,
ASTM E2247–23.
The Agency notes that this action will
not require any party to use the ASTM
E2247–23 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 Rule at 40
CFR part 312, or continue to use the
ASTM E1527–21 Phase I Environmental
Site Assessment Standard.
This proposed action merely will
allow for the use of the ASTM E2247–
23 ‘‘Standard Practice for
Environmental Site Assessments: Phase
I Environmental Site Assessment
Process for Forestland or Rural
Property’’ for those parties purchasing
potentially contaminated properties
who want to use the ASTM E2247–23
standard in lieu of following specific
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requirements of the All Appropriate
Inquiries Rule.
This proposed action also includes
the removal of the current reference in
the All Appropriate Inquiries Rule to
the ASTM E2247–16 Standard Practice
for Environmental Site Assessments for
Forestland or Rural Properties as
compliant with all appropriate
inquiries. EPA is proposing that the
removal of the reference to the historic
standard will take effect one year
following publication of a final rule that
includes this proposed action.
The Agency notes that there are no
legally significant differences between
the regulatory requirements and the
ASTM E2247–23 standard. To facilitate
an understanding of the slight
differences between the All Appropriate
Inquiries Rule, the ASTM E2247–23
‘‘Phase I Environmental Site Assessment
Standard for Forestland or Rural
Property,’’ and the ASTM E1527–21
‘‘Standard Practice for Environmental
Site Assessments: Phase I
Environmental Site Assessment
Process,’’ EPA developed, and placed in
the docket for this proposed rule, the
document ‘‘Comparison of All
Appropriate Inquiries Regulation, the
ASTM E2247–23 Phase I Environmental
Site Assessment Process for Forestland
or Rural Property, and ASTM E1527–21
Phase I Environmental Site Assessment
Process.’’ The document also provides a
comparison of the ASTM E2247–23
standard to the ASTM E2247–16 version
of the standard.
EPA’s proposed action includes no
changes to the All Appropriate Inquiries
Rule other than to add an additional
reference to the new ASTM E2247–23
standard and to sunset the reference to
the historic ASTM E2247–16 standard.
EPA is not seeking comments on the
standards and practices included in the
All Appropriate Inquiries Rule
published at 40 CFR part 312. Also, EPA
is not seeking comments on the ASTM
E2247–23 standard. EPA’s only action
with this proposed rule is recognition of
the ASTM E2247–23 standard as
compliant with the All Appropriate
Inquiries Rule and sunsetting of
recognition of the historic standard and,
therefore, it is only this action on which
the Agency is seeking comment.
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
E2247–23 standard. We believe that this
proposed action will allow for the use
of a tailored standard that was
developed by a recognized standards
developing organization, reviewed by
EPA, and determined to be equivalent to
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17807
the Agency’s All Appropriate Inquiries
Rule. This action does not disallow the
use of the previously recognized ASTM
E1527–21 Phase I Environmental Site
Assessment Standard, and it will not
alter, in anyway, the requirements of the
previously promulgated All Appropriate
Inquiries Rule. In addition, this
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 E1527–21 standard or follow the
requirements of the All Appropriate
Inquiries Rule when conducting all
appropriate inquiries.
By proposing this action, EPA is
fulfilling the intent and requirements of
the National Technology Transfer and
Advancement Act (NTTAA), Public Law
104–113.
VII. Statutory and Executive Order
Reviews
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 Rule to reference
ASTM International’s E2247–23
‘‘Standard Practice for Environmental
Site Assessments: Phase I
Environmental Site Assessment Process
for Forestland or Rural Property’’ 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. This action does not contain
any unfunded mandates or significantly
or uniquely affect small governments as
described in Sections 202 and 205 of the
Unfunded Mandates Reform Act of 1999
(UMRA) (Pub. L. 104–4). This action
does not create new binding legal
requirements that substantially and
directly affect Tribes under Executive
Order 13175 (63 FR 67249, November 9,
2000). This action does not have
significant Federalism implications
under Executive Order 13132 (64 FR
43255, August 10, 1999). Because this
action is exempt from review under
Executive Order 12866, this rule is not
subject to Executive Order 13211,
entitled Actions Concerning Regulations
That Significantly Affect Energy Supply,
E:\FR\FM\12MRP1.SGM
12MRP1
17808
Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
Distribution, or Use (66 FR 28355, May
22, 2001) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This action does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act of 1995 (PRA), 44 U.S.C.
3501 et seq., nor does it require any
special considerations under Executive
Order 12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
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) (NTTAA)
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
consensus standards and decrease
dependence on in-house standards. It
states that use of such standards,
whenever practicable and appropriate,
VerDate Sep<11>2014
16:22 Mar 11, 2024
Jkt 262001
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 regulations; (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), whenever possible in lieu of
creating proprietary, non-consensus
standards.
This action is compliant with the
spirit and requirements of the NTTAA.
This action allows for the use of the
ASTM International standard known as
Standard E1527–21 and entitled
‘‘Standard Practice for Environmental
Site Assessments: Phase I
Environmental Site Assessment
Process.’’ By taking this action, EPA is
fulfilling the intent and requirements of
PO 00000
Frm 00046
Fmt 4702
Sfmt 9990
the National Technology Transfer and
Advancement Act of 1995 (NTTAA),
Public Law 104–113.
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before certain actions may take
effect, the agency promulgating the
action must submit a report, which
includes a copy of the action, 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. This action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 312
Environmental protection,
Administrative practice and procedure,
Hazardous substances.
Barry N. Breen,
Principle Deputy Assistant Administrator,
Office of Land and Emergency Management.
[FR Doc. 2024–05232 Filed 3–11–24; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\12MRP1.SGM
12MRP1
Agencies
[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Proposed Rules]
[Pages 17804-17808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05232]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 312
[EPA-HQ-OLEM-2024-0097; FRL-11691-02-OLEM]
Standards and Practices for All Appropriate Inquiries; Notice of
Proposed Rulemaking
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 Rule to reference ASTM International's E2247-
23 ``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process for Forestland or Rural
Property'' and allow for its use to satisfy the requirements for
conducting all appropriate inquiries under the Comprehensive
Environmental Response, Compensation, and Liability Act. EPA is
additionally proposing to remove after one year, from the All
Appropriate Inquiries Rule, recognition of the previous version of that
standard, ASTM E2247-16, as compliant with the All Appropriate
Inquiries Rule.
DATES: Written comments must be received by April 11, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2024-0097 at www.regulations.gov: Follow the on-line
[[Page 17805]]
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI and multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: For more detailed information on
specific aspects of this rule, contact Patricia Overmeyer, Office of
Brownfields and Land Revitalization (5105T), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460-
0002, 202-566-2774, or [email protected]
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Why is EPA issuing this proposed rule?
II. Does this action apply to me
III. What should I consider as I prepare my Comments for EPA?
IV. Statutory Authority
V. Background
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews
I. Why is EPA issuing this proposed rule?
With this action EPA proposes to amend the All Appropriate
Inquiries Rule at 40 CFR part 312 to reference ASTM International's
E2247-23 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process for Forestland or Rural
Property'' and allow for its use to satisfy the requirements for
conducting all appropriate inquiries under CERCLA. EPA also is
proposing to sunset its reference to E2247-16, the historic version of
the same ASTM standard, as compliant with the All Appropriate Inquiries
Rule.
EPA is not proposing any changes to regulatory requirements in the
All Appropriate Inquiries Rule. Therefore, EPA is not seeking comments
on the standards and practices included in the All Appropriate
Inquiries Rule at 40 CFR part 312. EPA is only seeking comments on the
Agency's decision to reference the revised ASTM E2247-23 ``Standard
Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process for Forestland or Rural Property'' as compliant with
the AAI regulation, and to sunset the reference to the previous version
of the standard, ASTM E2247-16 as compliant with the AAI Rule. EPA is
not seeking comments on the ASTM E2247-23 standard.
EPA 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 on
this proposal must do so at this time. For further information, please
see the information provided in the ADDRESSES section of this document.
II. Does this action apply to me?
This action offers certain parties the option of using an available
industry standard to conduct all appropriate inquiries. Parties
purchasing potentially contaminated properties will be able to use the
ASTM E2247-23 standard practice to comply with the all appropriate
inquiries requirements of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). This 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 Rule at 40 CFR part 312, use the ASTM's E1527-21
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process,'' or use the standard recognized
in this proposed rule, the ASTM E2247-23 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 this
action. This includes state, local, and Tribal governments that receive
brownfields site assessment grants. A summary of the potentially
affected industry sectors (by North American Industry Classification
System (NAICS) codes) is displayed in the table below.
------------------------------------------------------------------------
Industry category NAICS code
------------------------------------------------------------------------
Real Estate............................ 531.
Insurance.............................. 52412.
Banking/Real Estate Credit............. 522292.
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 FOR
FURTHER INFORMATION CONTACT section of this document.
III. What should I consider as I prepare my comments for EPA?
Direct your comments to Docket ID No. EPA-HQ-OLEM-2024-0097. 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.
A. Submitting CBI: Do not submit any information that you consider
to be CBI or otherwise protected through www.regulations.gov or email.
You can only submit CBI to EPA via U.S. mail at: HQ EPA Docket Center,
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC
20460. Clearly mark all information that you claim to be CBI. For CBI
submitted on a disk or CD ROM that you mail to EPA, 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 claimed as CBI. In
addition to one complete version of the comment that includes
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.
[[Page 17806]]
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments: When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date, and
page number).
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns and
suggested alternative.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
The www.regulations.gov website 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 or 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 https://www2.epa.gov/edockets/commenting-epa-dockets.
C. The 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
E2247-23 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process for Forestland or Rural
Property'' 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 20460.
IV. Statutory Authority
EPA is proposing to amend the All Appropriate Inquiries Rule that
sets Federal standards for the conduct of ``all appropriate inquiries''
at 40 CFR part 312. The All Appropriate Inquiries 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).
V. 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; clarify existing and
establish new CERCLA liability provisions related to certain types of
owners of contaminated properties; and provide funding to establish or
enhance State and Tribal cleanup programs. The Brownfields Amendments
revised some of the provisions of CERCLA section 101(35) and limited
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 before
purchasing the property to qualify for protection from CERCLA
liability.
The 2002 Brownfields Amendments to CERCLA 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 regulation, EPA referenced, and recognized as compliant
with the rule, the ASTM E1527-05 ``Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Standard
Process.'' In December 2008, EPA used a direct final rule to amend the
All Appropriate Inquiries Rule to recognize another ASTM standard as
compliant, ASTM E2247-08 ``Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process for
Forestland or Rural Property.'' Both standards, the ASTM E1527-05 and
the ASTM E2247-08, were subsequently revised by ASTM International, and
the revised versions were referenced by EPA as compliant with the All
Appropriate Inquiries Rule. EPA referenced the ASTM E1527-13 standard
on August 15, 2013 (78 FR 49690), referenced the ASTM E1527-21 Standard
on December 15, 2022 (87 FR 76578), and referenced the ASTM E2247-16
standard on September 15, 2017 (82 FR 43310). Currently, the All
Appropriate Inquiries Rule (40 CFR part 312) allows for the use of the
ASTM E1527-21 standard or the ASTM E2247-16 standard to conduct all
appropriate inquiries, in lieu of following requirements included in
the Rule.
Recently, ASTM International published a revised standard for
conducting Phase I environmental site assessments for forestland or
rural properties. This standard, ASTM E2247-23, ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process for Forestland or Rural Properties,'' was reviewed by EPA, and
determined by EPA to be compliant with the requirements of the All
Appropriate Inquiries Rule.
Once this action is final, the All Appropriate Inquiries Rule also
will allow for the use of the ASTM E2247-23 standard. The reference to
the ASTM E2247-16 will be sunset one year following the publication of
a final rule.
VI. What action is EPA taking?
This proposed rule will amend the All Appropriate Inquiries Rule to
allow for the use of the ASTM E2247-23 standard to conduct all
appropriate inquiries as required under CERCLA for establishing the
bona fide prospective purchaser, contiguous property owner, and
innocent landowner liability protections.
With this proposed 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
in compliance with the requirements for all appropriate inquiries if
such parties comply with the procedures provided in the ASTM
[[Page 17807]]
E2247-23, ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process for Forestland or Rural
Property.'' EPA made the determination that the ASTM E2247-23 Standard
is compliant with the All Appropriate Inquiries regulation based upon
the Agency's finding, after reviewing the elements of the ASTM standard
practice and comparing them to the requirements set forth in the All
Appropriate Inquiries Rule.
Also, as part of this proposed action, to avoid any confusion
associated with the Agency's recognition of a historical standard no
longer recognized by ASTM International as current, or no longer
reflecting its current consensus-based or customary business standard,
the Agency is proposing to remove its current reference to the ASTM
E2247-16 ``Standard Practice for Environmental Site Assessments for
Forestland or Rural Property.'' To provide parties with an adequate
opportunity to complete any AAI investigations that may be on-going
using the ASTM E2247-16 standard at the time that EPA publishes a final
rulemaking for this action and to allow all parties sufficient notice
to become familiar with the updated industry standard (ASTM E2247-23),
the Agency is proposing to a sunset period for the removal of its
recognition of the historic standard (ASTM E2247-16) as compliant with
all appropriate inquiries. The sunset period for removal of the
reference to the ASTM E2247-16 Standard Practice for Environmental Site
Assessments for Forestland or Rural Property will be one year from the
date on which the Agency publishes a final rule recognizing the updated
standard, ASTM E2247-23.
The Agency notes that this action will not require any party to use
the ASTM E2247-23 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
Rule at 40 CFR part 312, or continue to use the ASTM E1527-21 Phase I
Environmental Site Assessment Standard.
This proposed action merely will allow for the use of the ASTM
E2247-23 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process for Forestland or Rural
Property'' for those parties purchasing potentially contaminated
properties who want to use the ASTM E2247-23 standard in lieu of
following specific requirements of the All Appropriate Inquiries Rule.
This proposed action also includes the removal of the current
reference in the All Appropriate Inquiries Rule to the ASTM E2247-16
Standard Practice for Environmental Site Assessments for Forestland or
Rural Properties as compliant with all appropriate inquiries. EPA is
proposing that the removal of the reference to the historic standard
will take effect one year following publication of a final rule that
includes this proposed action.
The Agency notes that there are no legally significant differences
between the regulatory requirements and the ASTM E2247-23 standard. To
facilitate an understanding of the slight differences between the All
Appropriate Inquiries Rule, the ASTM E2247-23 ``Phase I Environmental
Site Assessment Standard for Forestland or Rural Property,'' and the
ASTM E1527-21 ``Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process,'' EPA developed, and
placed in the docket for this proposed rule, the document ``Comparison
of All Appropriate Inquiries Regulation, the ASTM E2247-23 Phase I
Environmental Site Assessment Process for Forestland or Rural Property,
and ASTM E1527-21 Phase I Environmental Site Assessment Process.'' The
document also provides a comparison of the ASTM E2247-23 standard to
the ASTM E2247-16 version of the standard.
EPA's proposed action includes no changes to the All Appropriate
Inquiries Rule other than to add an additional reference to the new
ASTM E2247-23 standard and to sunset the reference to the historic ASTM
E2247-16 standard. EPA is not seeking comments on the standards and
practices included in the All Appropriate Inquiries Rule published at
40 CFR part 312. Also, EPA is not seeking comments on the ASTM E2247-23
standard. EPA's only action with this proposed rule is recognition of
the ASTM E2247-23 standard as compliant with the All Appropriate
Inquiries Rule and sunsetting of recognition of the historic standard
and, therefore, it is only this action on which the Agency is seeking
comment.
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 E2247-23 standard.
We believe that this proposed action will allow for the use of a
tailored standard that was developed by a recognized standards
developing organization, reviewed by EPA, and determined to be
equivalent to the Agency's All Appropriate Inquiries Rule. This action
does not disallow the use of the previously recognized ASTM E1527-21
Phase I Environmental Site Assessment Standard, and it will not alter,
in anyway, the requirements of the previously promulgated All
Appropriate Inquiries Rule. In addition, this 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 E1527-21 standard or follow the
requirements of the All Appropriate Inquiries Rule when conducting all
appropriate inquiries.
By proposing this action, EPA is fulfilling the intent and
requirements of the National Technology Transfer and Advancement Act
(NTTAA), Public Law 104-113.
VII. Statutory and Executive Order Reviews
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 Rule to reference ASTM International's E2247-23 ``Standard
Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process for Forestland or Rural Property'' 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. This action does not contain any
unfunded mandates or significantly or uniquely affect small governments
as described in Sections 202 and 205 of the Unfunded Mandates Reform
Act of 1999 (UMRA) (Pub. L. 104-4). This action does not create new
binding legal requirements that substantially and directly affect
Tribes under Executive Order 13175 (63 FR 67249, November 9, 2000).
This action does not have significant Federalism implications under
Executive Order 13132 (64 FR 43255, August 10, 1999). Because this
action is exempt from review under Executive Order 12866, this rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply,
[[Page 17808]]
Distribution, or Use (66 FR 28355, May 22, 2001) or Executive Order
13045, entitled Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997). This action does not
contain any information collections subject to OMB approval under the
Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq., nor does
it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
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) (NTTAA) 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 consensus standards and decrease
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 regulations; (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), whenever possible in lieu
of creating proprietary, non-consensus standards.
This action is compliant with the spirit and requirements of the
NTTAA. This action allows for the use of the ASTM International
standard known as Standard E1527-21 and entitled ``Standard Practice
for Environmental Site Assessments: Phase I Environmental Site
Assessment Process.'' By taking this action, EPA is fulfilling the
intent and requirements of the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Public Law 104-113.
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before certain actions may take effect, the agency
promulgating the action must submit a report, which includes a copy of
the action, 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. This action
is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 312
Environmental protection, Administrative practice and procedure,
Hazardous substances.
Barry N. Breen,
Principle Deputy Assistant Administrator, Office of Land and Emergency
Management.
[FR Doc. 2024-05232 Filed 3-11-24; 8:45 am]
BILLING CODE 6560-50-P