ASTM International publishes the accepted standard for performance of Phase I environmental assessments to evaluate a property’s environmental condition and assess potential liability for any contamination. U.S. EPA’s “All Appropriate Inquiries” Rule (AAI) recognizes the current ASTM Phase I standard, ASTM 1527-13, is consistent with the requirements of AAI and can be used to satisfy
Why Businesses Should Consider an Environmental Audit?
An environmental audit is a self-evaluation of current compliance with applicable environmental regulations. The audit is typically performed by an outside environmental consultant. However, more sophisticated businesses can utilize advanced electronic compliance tools or their own EHS personnel.
An audit can be wide in scope (i.e. compliance with all applicable regulations) or it can review
EPA No Longer Recognizes Old ASTM Standard for Phase Is
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:
- Key
Only About 1/2 of Phase I Assessments Analyze for Vapor Migration Risks
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
New Ohio EPA Public Records Procedures Impact Phase Is
More than one environmental consultant has reported that Ohio EPA has changed its public records review procedures. Ohio EPA has centralized its document review process. It has developed a new public records request form that it asks any consultant requesting records to fill out (click here for the form).
After files are compiled
As a Buyer Can I or Should I Rely on an Old Phase I?
In real estate transactions it is not uncommon for the seller to provide the buyer a copy of prior a Phase I environmental assessment. The seller either ordered a Phase I in anticipation of the transaction or one may exist from a prior transaction involving the same property. Should the buyer be satisfied with this
Are All Phase I’s the Same?
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
U.S. EPA Endorses New Phase I Standard
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.