On December 15, 2022, the US Environmental Protection Agency (EPA) published its final rule that amended the Standards and Practices for All Appropriate Inquiries (AAI) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, aka Superfund). The rule went into effect on February 13, 2023, and made the ASTM International E1527-21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” the new standard for conducting environmental due diligence for transactions involving commercial or industrial property. The rule had a one year ‘grace period’ during which the old Phase I ESA standard (E1527-13) was still deemed compliant with AAI. So, as of February 13, 2024, you must use the E1527-21 standard to be compliant with AAI and obtain the available Landowner Liability Protections afforded under CERCLA.
We welcome you to contact Donald Kaylor, PG, EP – Manager, Environmental Assessment Services, through the Leadership page to discuss your environmental due diligence needs and answer any questions regarding the new standard.