ASTM E1527-21 to become effective for EPA "All Appropriate Inquiry" (AAI) on Feb. 13, 2023

On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to incorporate and adopt the American Society for Testing and Materials (“ASTM”) International’s recent E1527-21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.” AAI is the process of evaluating a property's environmental conditions and assessing potential liability for any contamination. Every Phase I environmental site assessment conducted with EPA Brownfields Assessment Grant funds must be conducted in compliance with the AAI Final Rule at 40 CFR Part 312. The AAI Final Rule provides that ASTM International Standard E1527-21 (“Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”) and E2247-16 (“Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property”) and E1527-21 (“Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”) are consistent with the requirements of the final rule and can be used to satisfy the statutory requirements for conducting AAI. AAI may be conducted in compliance with either of these standards to obtain protection from potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an innocent landowner, a contiguous property owner, or a bona fide prospective purchaser.

The updated "AAI Checklist" for EPA Brownfield Grantees can be found HERE.