EPA Moves to Adopt ASTM’s New Phase I Standard for Site Assessments

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In another update to a past newsletter issue, we previously highlighted that ASTM International (ASTM) revised its Standard Practice for Phase I Environmental Site Assessments (Phase I) to address PFAS as a “non-scope” consideration in our January 11, 2022, Focus on Forever Newsletter. On March 14, 2022, EPA published a direct final rule that would formally recognize ASTM’s Phase I as an EPA-approved standard and allow its use to satisfy conducting inquiries under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Notably, the direct final rule does not supplant the 2013 version, potentially raising the question of the 2021 update will inform the AAI process. Unless EPA receives adverse comment by April 13, 2022 the rule will become effective on May 13, 2022. The newsletter will keep an eye out for adverse comments.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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