Tennessee Innocent Purchaser Defense Requires ASTM E-1527-13: No Choice

EPA has received much criticism for its decision published in its Final Rule, December 30, 2013 (78 Fed. Reg. 79319) to allow both ASTM E-1527-05 and E-1527-13 as meeting the all appropriate inquiries requirements necessary to claim one or more Brownfield Defenses.  These defenses are innocent landowner, bona fide prospective purchaser and contiguous property owner. EPA announced in its Final  Rule that it planned to initiate rulemaking to definitely require version 1527-13 in the near future.  According to some commenters the '05 version is less onerous, and, therefore, less costly.  Other commenters fear inconsistent treatment of all appropriate inquiries and mass confusion.

Lost in the argument though, is what a state may require of a prospective purchaser to establish the innocent landowner defense.  Most states have remedial action statutes similar to federal law making landowners responsible or liable parties for contaminated property.  The ability to claim