The long-awaited approval of the use of the American Society for Testing and Materials (ASTM) International Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process / Designation E1527-21 (ASTM Standard Practice E1527-21) to satisfy the CERCLA All Appropriate Inquiry (AAI) regulation has arrived. The Environmental Protection Agency (EPA) issued their final rule on December 15, 2022. The updated standard, which was published in November 2021, will satisfy AAI requirements for parties seeking landowner liability protection relief under CERCLA and for recipients of brownfield grants for conducting site assessments.

The revised standard includes new definitions for key terminology such as Recognized Environmental Condition (REC), Historical Recognized Environmental Condition (HREC) and Controlled Recognized Environmental Condition (CREC).

Also included in ASTM E1527-21 is increased historical and regulatory research requirements, expanded requirements for identifying environmental liens and land-use limitations, addition of substances not defined as a CERCLA hazardous substance and suggested enhancements to Phase I ESA report format. The enhancement of Phase I ESA reporting includes defining and requiring discussion of signification data gaps in the Phase I ESA report and inclusion of maps and photographs.

With the approval of the ASTM E1527-21 standard, the EPA will sunset the ASTM E1527-13 standard, which will no longer be a recognized method for complying with the AAI as of December 15, 2023. (One year from the date of publication of the final rule in the Federal Register).

PM has extensive experiences completing Phase I ESAs and is approved by major capital markets lenders and brokers. PM’s qualified staff is comprised of engineers, architects, geologists, and former bank environmental risk managers. Contact PM today to speak with one of our professionals about your next commercial real estate transaction.