EPA Withdraws Direct Final Rule For Standards And Practices For All Appropriate Inquiries

The U.S. Environmental Protection Agency (EPA) has withdrawn a direct final rule which proposed the adoption of updated contaminated site assessment standards. The withdrawal of the rule was due to the EPA receiving adverse comments submitted by the environmental law community and the U.S. Chamber of Commerce.

The direct final rule, published on March 14, 2022, proposed an amendment to 40 CFR part 312. The rule proposed amending the Standards and Practices for All Appropriate Inquiries (AAI) to incorporate the updated American Society for Testing and Materials (ASTM) standards to include ASTM E1527-21, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process."