With the adoption of the revised standard, ASTM has made several changes to the standard practice for Phase I environmental site assessments, including: Parties should continue to ask their consultants to certify compliance with ASTM-13 in Phase I ESA reports until EPA adopts the ASTM-21 standard and the AAI rule is amended, though a best practice would be to ask that consultants also address the ASTM-21 standard in the report.īelow are some highlights of the important changes set forth in ASTM E1527-21, including its treatment of emerging contaminants, including per- and polyfluoroalkyl substances (PFAS), and some background on the way these changes may shape future Phase I ESAs and the AAI process. Those watching this space, however, should now begin to incorporate these new requirements into their Phase I reviews and become familiar with the new standard. Typically, the agency will allow for a transition period prior to formally adopting the new ASTM E1527-21 version. EPA’s current rules apply the 2013 version of the standard, E1527-13. EPA will promulgate a new and/or updated AAI rule that will incorporate the revised ASTM standard. With the publication of ASTM E1527-21, it is expected that U.S.
Following ASTM’s Phase I ESA standard is also typical in most commercial transactions or brownfield redevelopment projects. EPA’s all appropriate inquiries (AAI) rule, which, when followed, provides certain innocent purchaser or lessee protections from CERCLA liability.
ASTM E1527-21 is now the standard for performing Phase I ESAs, which are crucial to many property transactions, as they facilitate the applicability of U.S. Following a thorough evaluation process, ASTM International’s Environmental Assessment, Risk Management and Corrective Action Committee has revised its standard practice for Phase I environmental site assessments (ESAs) (otherwise known as ASTM E1527) for the first time since 2013.
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