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EPA Adopts Revised ASTM E1527-13 Protocol as Satisfying “All Appropriate Inquiries” Rule Under CERCLA

By: Adam Stolorow

As anticipated, EPA finalized a rule on Monday adopting the revised ASTM E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” as a standard by which parties may comply with the “All Appropriate Inquiries” Rule, 40 CFR Part 312.  ASTM released the revised E1527-13 standard on November 6, 2013. Curiously, the newly revised EPA rule does not delete reference to the previous ASTM standard, E1527-05.  In the Federal Register notice finalizing the rule, EPA indicated that it intends to propose, in the near future, an amendment to 40 CFR Part 312 removing reference to the E1527-05 standard.  In its response to comments received on the new rule, EPA noted that it “…agrees with commenters that the revised ASTM E1527-13 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 E1527-13 standard.”

For more information on the ASTM standard, AAI, Phase I reports, or environmental due diligence, please contact Christine Leas.

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