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| EPA/SWER | RIN: 2050-AF04 | Publication ID: Spring 2006 |
| 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 established 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 are regulated by the final action. Purchasers of contaminated properties seeking any of the protections from CERCLA liability are required to follow the promulgated procedures and standards. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 40 CFR 312 | |
| Legal Authority: 42 USC 9601 et seq | |
Legal Deadline:
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Timetable:
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| Additional Information: SAN No. 4739; State, local and Tribal governments affected if they are grant recipients.; EPA Docket information: SFUND-2004-0001 | |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State, Tribal |
| Small Entities Affected: Businesses, Governmental Jurisdictions | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Information URL: http://www.epa.gov/brownfields/ | |
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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 |
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