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ARTICLE · 30 JUNE 2014

EPA Proposes Deleting 2005 ASTM Phase I Standard As Approved Due Diligence Option

McGuireWoods LLP
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EPA issued notice in the August 15, 2013, Federal Register of a direct final rule allowing purchasers to follow ASTM’s then-new Phase I standard E1527-13.

United StatesEnvironment
James Thornhill
James Thornhill
Benne Hutson
Benne Hutson
Donald Anderson
Donald Anderson
John Lain
John Lain
Dana Palmer
Dana Palmer

The United States Environmental Protection Agency (EPA) issued notice in the August 15, 2013, Federal Register of a direct final rule allowing purchasers to follow ASTM's then-new Phase I standard E1527-13, in addition to E1527-05, in meeting the federal "all appropriate inquiries" (AAI) requirements. The AAI requirements are critical to the innocent purchaser, bona fide prospective purchaser and contiguous landowner defenses to liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Due to adverse comments on the proposed rule, EPA withdrew it on Oct. 29, 2013. Apparently, the comment of concern was that allowing the use of both E1527-05 and E1527-13 would be confusing to purchasers.

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