Thursday, January 9, 2014

EPA Recognizes New ASTM Standard for Environmental Due Diligence

The Environmental Protection Agency (EPA) formally issued a rule that recognizes the ASTM E 1527-13 Phase I Environmental Site Assessment Standard as meeting the requirements of All Appropriate Inquiries (AAI) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The ruling is effective as of December 30, 2013.

The EPA's final rule removes previous confusion and allows for the  ASTM E 1527-13 standard to become the new industry standard of care, while providing prospective purchasers with a method for securing CERCLA liability protections.
Of note, EPA stated, "...although today's action will not remove the current reference in the All Appropriate Inquiries Rule to the ASTM E 1527-05 standard, EPA agrees with commenters that the revised ASTM E 1527-13 standard includes improvements to the previous standard and its use will result in greater clarity for prospective purchases with regard to potential contamination at a property. Therefore, EPA recommends that environmental professionals and prospective purchasers use the ASTM E 1527-13 standard."

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