In a December 30, 2013, final action, the Environmental Protection Agency has announced that use by persons performing All Appropriate Inquiries under CERCLA of the recently approved ASTM E1527-13 Standard, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” is appropriate and acceptable to demonstrate compliance with the AAI Rule (40 CFR Part 312).
To the consternation of many, EPA’s amendment to the AAI Rule to allow use of the E1527-13 Standard did not also delete reference to the ASTM E1527-05 Standard, which E1527-13 updates, modifies and replaces. EPA indicated in publication of the December 30 rule amendment that a future rulemaking would propose removal of the E1527-05 reference from the AAI Rule, subject to public comment and the rigors of the rulemaking process. In the meantime, All Appropriate Inquiries under CERCLA can be satisfied by conformance with procedures specified by the ASTM E1527-13 or ASTM E1527-05 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”; similar procedures set forth in the ASTM E2247-08 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property” where applicable; or the standards and practices set forth at 40 CFR Part 312 itself.
We will shortly update our All Appropriate Inquiries page to review the changes made to the E1527-13 Standard and AAI Rule. If you have questions in the meantime or need assistance with Environmental Due Diligence services, please contact T. Cozzie Consulting Inc.