EPA All Appropriate Inquiry and New ASTM E1527-13

In November 2013, ASTM released ASTM E1527-13 to update the Phase I Environmental Site Assessment Standard (ASTM 1527-05), which has been in use since 2005.  On December 30, 2013, EPA issued a final rule adopting ASTM E1537-13 as a standard to satisfy the All Appropriate Inquiry (AAI) obligations.   

Although the 2013 version is similar to the 2005 version, several differences are noted:

• New definition of Controlled Recognized Environmental Condition (CREC) has been added to the redefined definition of Recognized Environmental Condition (REC).  These must be identified along with Historical Recognized Environmental Conditions (HREC), and de minimis conditions (also clarified).
• Vapor intrusion must be considered when performing the Phase I assessment as a potential pathway to exposure.  T ASTM E2600-10 (Standard for Vapor Encroachment Screening) can be used to evaluate vapor intrusion. 
• HRECs need to be compared to current regulatory criteria. Historical releases may not be required to be identified as RECs.
• Expanded agency file reviews.
• Expanded requirements for Users to meet AAI.
• Report must include a Conclusions section.

The presentation will focus on the ASTM changes that now must be implemented and will include a history of the AAI, who qualifies for environmental liability protection, and identify the often forgotten ongoing obligations that could disqualify a party from protection.   Although the 2005 version is still accepted by EPA, parties should use the 2013 version as the current standard.  Implementing the new 2013 standard has cost implications for the User.