US EPA Approves New Standard For Conducting Phase I Environmental Site Assessments

The United States Environmental Protection Agency (EPA) recently issued its final rule amending the standards and practices for conducting environmental "all appropriate inquiries" to include a new standard recently made available by ASTM International, a widely recognized standards development organization (see December 30, 2013 Federal Register). The ASTM International's E1527-13 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" (ASTM E1527–13) now may be used by persons conducting environmental due diligence in property transactions to identify potential environmental contamination and as a means to establish an innocent landowner defense or take advantage of certain liability protections in accordance with the "All Appropriate Inquiries (AAI) Rule" (40 CFR Part 312) under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §9601 et seq.).