EPA Adopts a New Astm Standard for Phase 1 Environmental Site Assessments – Environment

The new EPA policy was adopted by EPA on the 14th of March 2022. ASTM
Standard Practice E1527-21For Phase I Environmental
Site Assessments (ESAs), which allow for its use to satisfy all requirements
appropriate inquiries” for landowner liability (AAI)
Protections under Comprehensive Environmental Response
Compensation and Liability Act. This revision will take place
Unless EPA receives adverse comments, it will be effective May 13, 2022.

The standard may still be available in its previous version (E1527-13).
It is used to satisfy AAI at the moment, but it is expected that EPA (EPA) will
E1527-13 will eventually be phased out completely. Parties seeking liability
Protection should plan to switch to the new standard. Some of the following
Below are the key changes and their implications.

• Emerging contaminants, including PFAS:The
  Approach to emerging contaminants (contaminants that have been
  However, they are not formally regulated. This has been a source for
  confusion under E1527-13. Standard Practice E1527-21 addresses those
  Clarify that environmental professionals are not for confusion
  It is important to consider emerging contaminants such as per-
  Phase I ESAs are conducted using polyfluoroalkyl compounds (PFAS).
  Until the emerging contaminants are regulated as a
  CERCLA hazardous substance Although inclusion before CERCLA is not required,
  Regulation is not mandatory. However, the new standard does provide that.
  Emerging contaminants may be included in the assessment.
  “Nonscope Consideration” at the request from the party
  You can seek liability protection under Phase I ESA. EPA is
  Presently, a proposal rule is being developed that would designate certain
  PFAS chemicals – specifically PFOA, PFOS – are classified as dangerous
  substances under CERCLA. Parties seeking to sue for damages must do so.
  Protection should request that these emerging technologies be included.
  The Phase I ESA considers contaminants to be a non-scope item.
  time.
• Shelf life for Phase I ESA components Standard
  Practice E1527-13 states that certain components of a Phase 1 ESA must be included
  be completed within 180-days of acquiring an ownership interest in the
  subject property. One common misconception is that this 180-day policy is not applicable to property.
  The period begins from the date of Phase I ESA reports. The
  E1527-13 should be interpreted as the 180-day period.
  This period begins on the date that each individual has been completed.
  components. The new 180-day period has not been changed.
  Standard requires the identification and marking of completion dates.
  Each of these components is distinct.
• Historical research requirementsThe new
  Standard extends the requirements for reviewing historical records beyond
  Those in E1527-13 E1527-13 is the professional in environmental management.
  You are not required to review all historical sources.
  Find out if Recognized could have been derived from past uses
  Environmental Condition (REC) in relation to the subject
  property. E1527-21 MandatesEvaluation of specific sources
  Except where an exception applies, and only if the environmental professional authorizes it.
  This explains the omission. These sources may also be cited.
  The new standard requires that the subject property be reviewed.
  Check out adjacent properties.

These expanded historical studies are available
Expectations are to improve the consistency of Phase I ESA.
Reports among consultants may lead to increases in costs
Particularly for properties with a Phase I ESA, completion times are not very long.
A significant number of properties are located in close proximity.

• Revised definitionsThe new standard includes
  Recognized Environmental Condition (REC) definitions revised
  Historical Recognized Environmental Condition (HREC),
  Controlled Recognized Environment Condition (CREC), to promote
  Although there is more consistency and clarity among Phase I ESAs than the others,
  These key terms are not affected by revisions.
  terms. The standard includes an appendix, which contains additional information.
  Further guidance is available to assist environmental professionals in a more accurate manner
  You can classify property conditions as a REC (HREC), or CREC.

For liability protection, the prospective owner must either:
Operator of property must comply with AAI, which is commonly pursued
by the performance a Phase I ESA. Based on EPA’s adoption of
Standard Practice E1527-21, an ESA Phase I that complies this
AAI will be satisfied with the new standard. As it is now, compliance
It is important to follow the ASTM Standard Practice in order to avoid problems.
Cleanup liability for the potential owner/operator

This article is meant to be a guide.
guide to the subject matter Expert advice should be sought
Discuss your specific circumstances.