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Clarification to Interim Standards and Practices for All Appropriate Inquiry Under CERCLA and Notice of Future Rulemaking Action

superfund · Rule · Published 2003-01-24 · Effective 2003-03-25 · 68 FR 3430

Document

Document number
03-1631
Federal Register citation
68 FR 3430
CFR reference
40 CFR 312
Type
Rule
Action
Direct final rule.
Category
superfund
Publication date
2003-01-24
Effective date
2003-03-25
EPA docket
FRL-7442-4

Abstract

EPA is taking direct final action to clarify a provision included in recent amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Specifically, today's direct 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" to establish that a landowner had no reason to know of contamination at a property under CERCLA liability provisions prior to purchasing the property. 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 establish an innocent landowner defense under CERCLA, also will be satisfied through the use of ASTM Standard E1527-2000, entitled "Standard Practice for Environmental Site Assessment: Phase 1 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 the ASTM Standard E1527-2000.

Source

Authoritative
Federal Register document
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