EPA Takes Public Comment On All Appropriate Inquiry Standard

The U.S. Environmental Protection Agency’s (EPA’s) Office of Solid Waste and Emergency Response (OSWER) has scheduled a listening session on EPA’s All Appropriate Inquiries standards, as promulgated as a final rule on November 1, 2005. The All Appropriate Inquiries rule (70 FR 66070) sets federal standards and practices for conducting all appropriate inquiries, as required under Sections 101(35)(B)(ii) and (iii) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).


The listening session will be held on March 17, 2010, from 9:30 a.m. to 12:00 (noon). The listening session will take place in room 1153 of the EPA East Building at 1201 Constitution Ave. NW, Washington D.C.


The purpose of the session is for EPA to listen to the views of stakeholders and the general public on the current standards and practices for all appropriate inquiries. EPA wants to provide stakeholders and the general public an opportunity to comment on the current implementation of the standards.


The listening session is open to the general public. Anyone wishing to provide their views to EPA on the rule, or to listen to the views of other parties, are invited to attend the listening session. Any person may speak at the listening session; however, EPA encourages those planning to make oral comments to pre-register with the Agency.

Caltha LLP assists prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Who Can Conduct Phase I ESA - All Appropriate Inquiries

The individual who supervises or oversees the conduct of the AAI investigation or Phase 1 Environmental Site Assessment and signs the final report required in the AAI regulation must meet the definition of an “Environmental Professional” provided in the AAI Final Rule (40 CFR §312.10).

Caltha LLP assists prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

When Must All Appropriate Inquiries Be Conducted?

When must All Appropriate Inquiries be conducted?


All Appropriate Inquiries must be conducted or updated within one year prior to acquiring ownership of a property. Certain aspects or provisions of All Appropriate Inquiries (i.e., interviews of current and past owners, the review of government records, the on-site visual inspection, and searches for environmental cleanup liens) must be conducted or updated within 180 days prior to acquiring ownership of a property .

Caltha LLP assists prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

What is All Appropriate Inquiry?

“All Appropriate Inquiries,” or AAI is the process of conducting due diligence or a Phase I Environmental Site Assessment to determine prior uses and ownership of a property and assess conditions at the property that may be indicative of releases or threatened releases of hazardous substances at, on, in, or to the property. The standards and practices established as comprising “All Appropriate Inquiries” are set forth in regulations promulgated at 40 CFR Part 312.

EPA recognizes two ASTM International Standards as compliant with the AAI requirements: ASTM E1527-05 “Standard Practice for Environmental Site Assessments: Phase I EnvironmentalSite Assessment Process” and E2247-08 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.”

Caltha LLP assists prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website