EPA will publish a final rule in the federal register on December 15th amending its All Appropriate Inquiries (AAI) Rule by recognizing ASTM E1527-21 as a method for complying with AAI and withdrawing the reference to ASTM E1527-13. The rule will become effective 60 days from the date of publication in the federal register. The […]
EPA To Publish AAI Update Withdrawing Reference to ASTM E1527-13 Read More »
As we predicted, EPA received numerous negative comments to its Direct Final Rule that would have recognized that the new ASTM E1527-21 phase 1 standard may be used to comply with the All Appropriate Inquires (AAI) rule for asserting certain landowner liability defenses and qualify for brownfield grants. All of the comments criticized EPA’s plan to
My article on the revisions to the ASTM Phase 1 Standard was published in April issue of The Practical Real Estate Lawyer.
My Article on the New ASTM E1527-21 Phase 1 Standard Read More »
EPA has released a pre-publication copy of its proposed and direct final rule to recognize E1527-21 as a method for complying with its All Appropriate Inquiries (AAI) Rule. If EPA does not receive any negative comments, the final direct rule will become effective upon the expiration of the public comment period. Upon the effective date,
EPA Scheduled to Publish Recognition of ASTM E1527-21 in March 14th Federal Register Read More »
The ASTM E1527-21 is now official! It was approved on November 1st after three years of development. I served as the co-chair of the legal sub-committee. Among the changes: Key terminology revisions: The terms “Recognized Environmental Condition” (REC); “Controlled Recognized Environmental Condition” (CREC); and “Historical Recognized Environmental Condition (HREC) have been strengthened to reduce misclassifications of
New Phase 1 Standard is Approved by ASTM Governing Body! Read More »
A property owner failed in its bid to qualify as a CERCLA bona fide prospective purchaser because its phase 1 did not contain the environmental professional certification required by the section 40 C.F.R. § 312.21(d) of EPA’s All Appropriate Inquires (AAI) rule. In Von Duprin LLC v. Major Holdings, 2021 U.S. App. LEXIS 26726 (7th
Property Owner Fails to Qualify as BFPP Because Phase 1 Did Not Contain EP Certification Read More »