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U.S EPA Amends Standards and Practices for All Appropriate Inquiries

By Ryan Elliott

On August 15, 2013, U.S. EPA took direct final action to amend the All Appropriate Inquiries Rule, 40 CFR Part 312, by adding reference to ASTM International’s E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.” ASTM’s E1527-13 Phase I standard is an updated version of the E1527-05 standard issued in 2005. 

Parties who seek protection from CERCLA liability when purchasing real property must satisfy the all appropriate inquiries requirements of CERCLA.   These requirements can be met by following the rules and procedures set forth in (1) 40 CFR Part 312, (2) ASTM E1527-05, (3) ASTM E2247-08, or (4) pursuant to EPA’s direct final action, the ASTM E1527-13 standard. This amendment is effective on November 13, 2013, unless EPA receives adverse comments by September 16, 2013.

Tags: CERCLA, Due Diligence, Environment

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