Gabriel Environment Blog

EPA Amends All Appropriate Inquiries Rule

October 6th, 2014

EPA has finalized its amendment to the All Appropriate Inquiries (AAI) epa_logo2regulations to remove reference to ASTM E1527-05.  With this final rule, EPA will only consider Phase I’s completed to the most current ASTM standard (E1527-13) to be compliant with its AAI regulations as of October 6, 2015.  EPA included this year delay in order to give all parties adequate opportunity to complete AAI investigations that may be in progress.

EPA states that the purpose of this amendment is to reduce any confusion associated with referencing a historical standard that is no longer recognized by ASTM as meeting its standards for good customary business practice.  They also specifically state that removing 1527-05 from the regulations does not impact any Phase I’s completed to this standard between November 1, 2005 and the effective date of the final rule (Oct 6, 2015).  Parties who purchased properties in this time span who obtained Phase I’s which complied with this 1527-05 standard would still be eligible for CERCLA liability protection (as long as all aspects of All Appropriate Inquiries were adequately completed).

The entire Final Rule can be found at www.regulations.gov.

All of Gabriel’s AAI-compliant Phase I’s are completed to the most current standard (E1527-13) and meet the All Appropriate Inquiries requirements.

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