Indiana Brownfields Program Urges Use of 2013 ASTM Standard for Phase I Environmental Site Assessments
By Andy Bowman, Partner, Bingham Greenebaum Doll LLP
As reported elsewhere in this issue, EPA published an amendment of the so-called “All Appropriate Inquiries Rule” (AAI Rule) on Dec. 30, 2013. The amendment acknowledges that the revised ASTM E1527-13 standard enhances the previous ASTM E1527-05 standard and use of the new standard complies with the AAI Rule. EPA gives parties who are performing Phase I environmental site assessments for the purpose of qualifying for the liability exemptions afforded by the AAI Rule the option of using either the procedures in the current AAI Rule or the recently revised ASTM E1527-13 standard. The current AAI Rule references the prior ASTM E1527-05 standard. EPA plans to remove the reference to the ASTM E1527-05 standard in a future rulemaking.
The Indiana Brownfields Program has announced that it will accept Phase I reports based on either the ASTM E1527-05 or ASTM E1527-13 standards; however, it is strongly encouraging the use of the ASTM E1527-13 standard for Phase I environmental site assessments conducted after Dec. 30, 2013.
To view a complete PDF of the Environmental Letter March 2014 Issue, click HERE.