EPA’s Final Rule Accepts New ASTM Standards For All Appropriate Inquiries

On December 30, 2013, EPA issued its Final Rule which recognized that complying with the latest version of the ASTM Phase I Environmental Site Assessment Standards (E 1527-13) complies with the EPA all appropriate inquiries ("AAI") rules.  Compliance with AAI is a threshold requirement to claim the federal brownfield innocent purchaser, prospective purchaser and contiguous landowner defenses.  Previously EPA recognized the earlier version, ASTM E 1527-05, as satisfying the AAI requirements.

The rules take effect immediately.  The rule was published initially in August 2013, but  EPA withdrew the rules after receiving adverse comments.  Most of the objections related to  EPA's proposal to recognize both the 2005 version as well as the 2013 version.  These commenters argued that by recognizing two different standards EPA would cause substantial confusion among the regulated community. The Final Rule recommends and strongly encourages that version 1527-13 be used by