ASTM E—05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process on The new standard supersedes the standard, ASTM E , which had been deemed to satisfy the EPA’s “all appropriate inquiry” (AAI). The federal Comprehensive Environmental. Response Compensation and Liability Act. (“CERCLA”) holds current and former owners and operators of.
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This standqrd is intended for use on a voluntary basis by parties who wish to assess the environmental condition of commercial real estate taking into account commonly known and reasonably available information. However, because adverse comments were submitted on the direct final rule, the EPA officially withdrew the rule on Oct.
Similarly, the definition of a historical recognized environmental condition HREC has been revised to limit applicability to situations where past contamination has been addressed to unrestricted residential standards.
Applicability of the Updated Phase I Standard ASTM E 1527-13
However, under E, environmental professionals will need to assess possible indoor air quality impacts from vapor intrusion pathways if there is surface soil or groundwater contamination at or near the subject property.
A release that has been fully investigated and remediated, and may be subject to a no further action letter, or has been designated as a HREC under prior assessments, may need to be designated as a current REC if more stringent regulatory criteria or thresholds are now in effect.
Additionally, parties may follow the regulatory requirements of the AAI final rule. If this article, including any attachments, contains any federal tax advice, such advice is not intended or written by the practitioner to be used, and it may not be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer.
Furthermore, any federal tax advice herein including any attachment hereto may not be used or referred to in promoting, marketing or recommending a transaction or arrangement to another party.
Further information concerning this disclosure, and the reasons for such disclosure, may be obtained upon request from the author of this article. Posted in Environment and Natural Resources.
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Applicability of the Updated Phase I Standard ASTM E – HUD Exchange
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