EPA Adopts New Astm Standard For Phase 1 Environmental Site Assessments

On March 14, 2022, EPA adopted the new ASTM Standard Practice E1527-21 for conducting Phase I Environmental Site Assessments (ESAs), allowing for its use to satisfy "all appropriate inquiries" (AAI) for landowner liability protections under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This revision will take effect on May 13, 2022, unless EPA receives adverse comment.

While the prior version of the standard (E1527-13) may still be used to satisfy AAI at this time, it is expected that EPA will ultimately phase out E1527-13 altogether. Parties seeking liability protection should plan to transition to the new standard. Some of the key changes and their implications are highlighted below.