Environmental/Oct 9, 2014

EPA Finalizes Elimination of the ASTM 1527-05 Phase I ESA Standard Practice from CERCLA AAI Rule

As a follow-up to our June 18, 2014 blog (https://ggtmlaw.com/epa-proposes-eliminate-astm-1527-05-phase-esa-standard-practice-cercla-aai-rule/), on October 6, 2014, the Environmental Protection Agency (EPA) finalized a rule amending the standards and practices for conducting all appropriate inquiries (AAI) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The amendment removes the reference to the ASTM E1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. When ASTM published the updated standard practice ASTM E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process in November 2013, it designated the E1527-05 standard as a “historical standard” and removed the ability to order the -05 standard from its website. EPA reviewed the ASTM E1527-13 standard and determined that its use is compliant with the AAI rule in 40 CFR Part 312. In order to minimize confusion and encourage consistency, the AAI rules will no longer include reference to the ASTM E1527-05 standard practice. EPA has designated October 6, 2015 as the effective date of this final rule, with the agency stating that its intent is to avoid burdensome requirements or interference with AAI investigations already initiated at the time of publication.

To read the final rule, click here: https://www.federalregister.gov/articles/2014/10/06/2014-23399/amendment-to-standards-and-practices-for-all-appropriate-inquiries

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