Effective July 17th, 2014, U.S. Environmental Protection Agency (EPA) has closed the comment period for its proposed rule amending the All Appropriate Inquiries (AAI) regulations. This proposed change would remove reference to the older Phase I Environmental Site Assessment ASTM standard (E1527-05) and confirm that Phase I assessments should be completed to the current ASTM standard (E1527-13). EPA believes this change would promote the use of the current standard and reduce any confusion by having two standards in the regulatory reference documents.
EPA confirms that any Phase I’s conducted between November 1, 2005 and the date of the proposed rule implementation that were conducted to the ASTM E1527-05 standard would comply with the All Appropriate Inquiries regulations.
Only five comments were submitted during the comment period, with four in favor of the rule change for clarification purposes. The one negative comment urged the EPA to continue allowing the use of 1527-05 in order to avoid the investigation of vapor as a pathway of concern.
EPA is reviewing the comments and will issue their final rule shortly. Implementation of this amendment is expected to occur one year after the final rule is published in the Federal Register.
For further information about this proposed change, visit the EPA’s Proposed Rule webpage.