A Phase I Site Assessment is used primarily to investigate commercial real estate for environmental conditions.  The American Society for Testing and Materials (ASTM) International provides a Standard Practice for environmental professionals undertaking a Phase I Site Assessment.  Last fall, ASTM International published a revised version of the Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or “ASTM E1527-13.”  

 

On Tuesday, June 17th, the United States Environmental Protection Agency (USEPA) issued a proposed rule that would revoke USEPA’s acceptance of the older standard, ASTM E1527-05, in favor of the newer version, ASTM E1527-13.  79 Fed. Reg. 34480 (June 17, 2014).  This is a change from USEPA’s prior position stating that it would accept both versions of the standard.  USEPA states that it is issuing this proposed rule because it wants “to reduce any confusion.”  79 Fed. Reg. 34482.  The proposed rule would become effective one year after publication of the final rule, and would not apply retroactively.  As a result, Phase I Site Assessments undertaken pursuant to ASTM E1527-05 will still be compliant with the AAI rule until one year after the final rule is published.