As our loyal readers know, in January ASTM International revised its Standard Practice for Phase I Environmental Site Assessments (Phase I) to address PFAS as a “non-scope” consideration. (As a reminder, “non-scope” considerations include issues that an environmental investigator is not explicitly required to investigate in a standard Phase I assessment, but that could give rise to business environmental risk and can be investigated as part of the Phase I assessment if desired.) EPA then published a direct final rule on March 14, 2022 that would formally recognize ASTM’s update as an EPA-approved standard, allowing its use to satisfy conducting inquiries under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). However, on April 13, 2022, U.S. Chamber of Commerce objected to EPA’s direct final rule until PFOS and PFOA are formally designated as hazardous substances under CERCLA (discussed further here), given the potential risk of premature CERCLA liability for landowners and potential buyers. This objection may delay EPA’s adoption of ASTM’s updated Phase I guidance.