EPA Approves Revised ASTM E1527-13 Phase I Standard 

On December 30, 2013, EPA issued a final rule approving the use of the revised ASTM International (ASTM) E1527-13: Standard Practice for Phase I Environmental Site Assessments: Phase I Site Assessment Process (Phase I Standard). The ASTM Phase I standard is used in most commercial property transactions to identify potential environmental contamination and as a means to establish an innocent landowner defense or take advantage of certain liability protections in accordance with the U.S. Environmental Protection Agency’s (EPA) All Appropriate Inquiries (AAI) Rule (Title 40 Code of Federal Regulations (CFR) Part 312). With today’s ruling, EPA has determined that Phase I assessments conducted in accordance with ASTM E1527-13 are compliant with the AAI requirements.

The final rule does not remove the reference to the former Phase I standard, ASTM E1527-05, despite recommendations from several commenters to that effect. However, the rule preamble includes EPA’s recommendation that environmental professionals and prospective purchasers use the new Phase I standard. In addition, EPA announced its intention to publish a new proposed rule in the near future to remove the reference to the ASTM E1527-05 standard in the AAI rule.

The final rule is effective December 30, 2013. EPA does not give any indication as to when the proposed rule removing the reference to the previous Phase I standard will be published.

WSP’s due diligence professionals have been involved with the ASTM E1527-13 revision process and are prepared to provide our clients with ASTM E1527-13-compliant Phase I environmental site assessments. For additional information, contact Amy Couch Schultz at (412) 269-0470 or Amy.Couch-Schultz@WSPGroup.com.