The standards entity ASTM International revised its Standard Practice for Phase I Environmental Site Assessments to address PFAS—changes which took effect on January 1, 2022. These assessments are used to evaluate real property for potential environmental contamination, usually in connection with a commercial or financing transaction. In particular, the standard is designed to comply with the EPA’s “All Appropriate Inquiries Rule,” which governs what investigations must be conducted to obtain certain protections from CERCLA liability.

ASTM’s standard now includes PFAS as a “non-scope” consideration. Non-scope considerations are issues that are not necessary to investigate in order to obtain the CERCLA liability protections but may lead to other environmental risk and may still be relevant to the parties to the transaction. The standard now notes that state laws may already regulate emerging contaminants (such as PFAS), and parties may want to consider state law impacts on environmental liabilities.