New Phase I Standard Proposed
On August 15, 2013, EPA issued a proposed direct final rule amending its rules for the conduct of “all appropriate inquiries” under CERCLA.
The proposal would allow use of the recently issued ASTM International’s E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.” EPA’s rules governing the conduct of all appropriate inquiries sets forth the standards and practices necessary for fulfilling the requirements of the CERCLA liability protections (including the “innocent purchaser” and “bona fide prospective purchaser” defenses), and for conducting site characterizations and assessments in connection with CERCLA brownfields grants. EPA’s proposed action does not require the use of the new Phase I standard, and instead allows parties to continue using either ASTM E1527-05 (Phase I ESA Process) or ASTM E2247-08 (Phase I Process for Forestland or Rural Property) to satisfy the requirements for “all appropriate inquiries” under CERCLA.
Written comments on the proposed rule are due by September 16, 2013. If no adverse comments are received, the rule will become final. Please contact Andrea Rimer with any questions.