August 16, 2013

Bookmark and Share

Updated Standard for Phase I Environmental Site Assessments

Authors:

Albert Acken
aacken@rcalaw.com
602-440-4874

Jonathan Steeler
303-813-6703

On August 15, 2013, EPA announced that, effective November 13, 2013, it would amend its rules to authorize the use of ASTM's updated standard for conducting Phase I Environmental Site Assessments, ASTM E1527-13. EPA will also continue to allow the use of the previous ASTM standard, ASTM E1527-05. The updated standard provides several clarifications and updates to incorporate lessons learned over the past eight years using the previous standard. For example, the updated standard revises and clarifies several definitions and adds one of note for "controlled recognized environmental conditions," which are past releases that have undergone a risk-based closure. In addition, at EPA's request, the updated standard specifically identifies vapor migration, the release of contaminants via vapor contamination below surface, as a recognized environmental condition. The updated standard also includes revisions to make reviews of agency files more thorough and consistent. Overall, the goal of the updated standard is to make Phase I's more consistent and thorough and therefore more useful to end users.

The material contained here and in the following pages has been written, edited or compiled by Ryley Carlock & Applewhite to provide general information about legal developments. The information is not intended to be, nor does it constitute, legal advice to any recipient, nor does receipt of this information establish an attorney-client relationship between the recipient and Ryley Carlock & Applewhite or any of its attorneys. Legal advice should be sought only through direct contact with legal counsel.

COPYRIGHT © 2017 - RYLEY CARLOCK & APPLEWHITE. A PROFESSIONAL CORPORATION. ALL RIGHTS RESERVED.