EPA Amends the All Appropriate Inquiries Rule
On December 15, 2022, the U.S. Environmental Protection Agency ("EPA") published an amendment to its All Appropriate Inquiries Rule referencing the recently revised ASTM International's E1527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment process."
Effective on February 13, 2023, ASTM International's E1527-21 Standard can be used to satisfy all appropriate inquiries requirements under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") for establishing the bona fide prospective purchaser, contiguous property owner, and innocent landowner liability protections.
There are some alternatives. In lieu of using ASTM the E1427-21 Standard, a party conducting all appropriate inquiries may still follow the provisions of:
- the All Appropriate Inquiries Rule at 40 CFR part 312; or
- the previous ASTIM E1527-13 Standard may continue to be used, but only until February 13, 2024, when it will be phased out.
More information can be found here.