EPA Proposes to Eliminate ASTM 1527-05 Phase I ESA Standard Practice from CERCLA AAI Rule
On June 17, 2014, EPA proposed to amend the standards and practices for conducting all appropriate inquiries (AAI) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by removing reference to the ASTM E1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. In November of 2013, ASTM designated the E1527-05 Phase I ESA standard as a “historical standard” and replaced it with the updated ASTM E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Yesterday’s proposed rule came about as a result of EPA’s desire to “reduce any confusion associated with the regulatory reference to a historical standard that is no longer recognized by its own promulgating organization as meeting its standards for good customary business practice.” Public comments on this proposed rule will be received by EPA until July 17, 2014. EPA anticipates that the effective date of this rule will be one year after publication of the final rule.
To access EPA’s June 17, 2014 proposed rule, click here: http://www.gpo.gov/fdsys/pkg/FR-2014-06-17/pdf/2014-14032.pdf
To access our previous blog on Phase I ESAs and ASTM 1527, click here: https://ggtmlaw.com/epa-clarifies-astm-1527-standard-for-phase-i-esas/
News and blog articles presented in this website are distributed for general information purposes only with the understanding that the author, publisher and distributor of articles is not rendering legal, accounting, or other professional advice or opinions on specific facts or matters and, accordingly, GGTM assumes no liability whatsoever in connection with the use of any article. Pursuant to applicable rules of professional conduct, this communication may constitute Attorney Advertising.