EPA on October 6, 2014, issued a final rule amending its “All Appropriate Inquiries” (AAI) rule under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by removing a reference to a 2005 ASTM International standard for conducting Phase I environmental assessments. 79 Fed. Reg. 60087.

The AAI rule, codified at 40 CFR Part 312, provides limited liability relief under CERCLA to certain purchasers of properties that undertake “all appropriate inquiries” to determine whether the property is contaminated with hazardous substances. The AAI rule referenced the then existing ASTM International “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” (ASTM E-1527-05) and authorized its use to comply with the rule. In 2013 ASTM International updated its standard practice and designated the ASTM E-1527-05 standard as a “historical standard.” EPA subsequently determined that a person’s use of the revised standard (ASTM E1527-13) would be compliant with the AAI rule.

The October 6, 2014, final rule thus deletes the reference “to a standard that ASTM International no longer recognizes as current since it no longer represents the most recent consensus-based standard.” EPA states that it is taking the action because it wants “to reduce confusion associated with the regulatory reference to a historical standard that is no longer recognized by its originating organization as meeting its standards for good customary business practice.” EPA reiterates in the October 6 rule that parties following the ASTM E1527-13 standard will be deemed compliant with the AAI rule. And EPA further states that parties can use other standards, methods, or customary business practices for conducting all appropriate inquiries, provided they comply with the standards and practices set forth in the AAI rule.

The revised standards took effect on October 6, 2014.