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ARTICLE · 13 JANUARY 2023

EPA Endorses New Standard For Phase I Environmental Site Assessments

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ASTM standards are designed to reduce uncertainty for environmental professionals working to meet often vague or imprecise legal standards.

United StatesEnvironment
Nicholas Van Aelstyn
Nicholas Van Aelstyn
Gail Suchman
Gail Suchman
Louise Dyble
Louise Dyble
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After unexpected controversy earlier in the year, on December 15, 2022 the U.S. Environmental Protection Agency (EPA) issued a Final Rule unambiguously recognizing the ASTM International Standard E1527-21 for Phase I Environmental Site Assessments (ESAs), with an effective date of February 13, 2023.1 EPA's express endorsement of the standard as meeting the requirements of the All Appropriate Inquiry (AAI) Rule2 is essential to ensuring that the Phase I ESA fulfills its fundamental purpose: protection for prospective purchasers (and lessees) of property from liability for pre-existing contamination by petroleum products or hazardous substances regulated under the Comprehensive Environmental Response and Cleanup Liability Act (CERCLA).3

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