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EPA/SWER RIN: 2050-AF04 Publication ID: Spring 2004 
Title: Standards and Practices for Conducting All Appropriate Inquiries 
Abstract: The Small Business Liability Relief and Brownfields Revitalization Act (the "Brownfields Amendments") amended a number of provisions in CERCLA including section 101(35)(B) and includes, among other things, new provisions regarding CERCLA liability protections for certain landowners. As part of these provisions, the Brownfields Amendments require bona fide prospective purchasers, contiguous property owners, and innocent landowners to conduct "all appropriate inquiries" into prior ownership and use of the property at the time the party acquires the property. In the Brownfields Amendments, Congress directed EPA to promulgate regulations establishing standards and practices for conducting "all appropriate inquiries." Section 101 (35)(B)(iii) of CERCLA, as amended, includes criteria that EPA is required to address in setting these standards and practices. This regulation, when finalized, will establish the federal standards for conducting "all appropriate inquiries," pursuant to the statute. Recipients of Brownfields Assessment Grants awarded under section 104(k)(2)(B) of CERCLA also will be regulated by the final action. Purchasers of contaminated properties seeking any of the protections from CERCLA liability will be required to follow the promulgated procedures and standards. EPA developed the proposed federal standard for all appropriate inquiries under a negotiated rulemaking process. EPA established a FACA Committee charged with negotiating a federal standard in accordance with the statutory criteria. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 312   
Legal Authority: 42 USC 9601 et seq   
Legal Deadline:
Action Source Description Date
Final  Statutory  Small Business Liability Protection Act section 223, CERCLA 101(35)(B)(2)(ii)  01/11/2004 
Timetable:
Action Date FR Cite
NPRM  12/00/2004    
Additional Information: SAN 4739. State, local and Tribal governments affected if they are grant recipients.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
Agency Contact:
Patricia Overmeyer
Environmental Protection Agency
Solid Waste and Emergency Response
1200 Pennsylvania Avenue NW, Mail Code 5105T,
Washington, DC 20460
Phone:202 566-2774
Fax:202 566-1476
Email: overmeyer.patricia@epa.gov

Helen Keplinger
Environmental Protection Agency
Solid Waste and Emergency Response
2272A,
Washington, DC 20460
Phone:202 564-4221
Fax:202 229-3954
Email: Keplinger.Helen@epamail.epa.gov