U.S. EPA has published in the Federal Register its action that removes the old Phase I standard (1527-05) from the "All Appropriate Inquiries" Rule (AAI). Until this action, AAI recognized both the old standard and the new standard- ASTM 1527-13.
The major differences between the old and new ASTM Phase I standard include:
Phase I Environmental Assessments (Phase I ESA) are the first step in the environmental due diligence process. A Phase I ESA is a review of available information regarding a property to determine the possibility contamination may be present. The assessment includes a review of environmental databases, file reviews, interviews with regulators/property owners and a site
The title of this blog post may make many in the environmental consulting and legal business laugh. "Of course not…" most would certainly reply. With Phase I’s governed by two ASTM guidance documents and the EPA "All Appropriate Inquiries" Rule (AAI), how can there be such variations?
The answer is that a Phase I environmental
ASTM 1527-05 was the first ASTM standard recognized by U.S. EPA as meeting the requirements of the "All Important Inquiries Rule." (AAI) AAI sets forth the standards and practices necessary for fulfilling the requirements to obtain liability protection (i.e. bona fide purchaser defense) under CERCLA section 101(35)(B). Most Phase I proposals reference 1527-05.