EPA Publishes Direct Final Rule On New ASTM Standard For Phase I All Appropriate Inquiries

On December 15, 2022, the EPA published a Final Rule to amend EPA's All Appropriate Inquiries Rule to allow the use of the revised American Society for Testing and Materials (ASTM) E1527-21 Standard Practice for Environmental Site Assessments for conducting Phase I Environmental Site Assessments to satisfy the EPA's All Appropriate Inquiries (AAI) for establishing a CERCLA defense. The rule takes effect Monday, February 13, 2023—60 days from the date of publication. The former ASTM E1527-13 Phase I ESA standard will no longer be accepted by the EPA as meeting the AAI requirement after February 13, 2024 – one year after publication of this rule.

The new rule gives buyers better clarity on which ASTM phase I standard will meet the AAI requirements under CERCLA (the federal Comprehensive Environmental Response, Compensation, and Liability Act). ASTM published the ASTM E1527-21 phase I standard in 2021 and in March 2022 EPA proposed allowing prospective purchasers