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EPA took final action to amend the Standards and Practices for All Appropriate Inquiries ("AAI Rule"), which is widely used in real property due diligence investigations.
In practice, since the release of ASTM E1527-21, we have seen many environmental consultants issue Phase I ESAs that satisfy both ASTM standards.
On December 15, 2022, EPA issued a final rule amending the All Appropriate Inquiries Rule (AAI Rule), 40 CFR part 312, to recognize the updated ASTM International standard for conducting Phase I...
On February 13, 2023, parties may rely on ASTM E1527 21 to satisfy All Appropriate Inquiries under CERCLA as amended. The EPA is phasing out acceptance of the prior version, ASTM E1527 13, which will no longer be acceptable for AAI purposes as of February 13, 2024.
Key Takeaways - • Effective February 13, 2023, parties may rely on ASTM E1527-21 to satisfy All Appropriate Inquiries (AAI) under the Comprehensive Environmental...