On June 20, 2017, EPA published notice of its intent to take direct final action to amend the Standards and Practices for All Appropriate Inquiries (“AAI”) to reference ASTM International’s recently revised E2247-16, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property, and allow for its use to satisfy the statutory requirements for conducting AAI under CERCLA.  The proposed amendment would update and replace the current reference to the 2008 ASTM Standard, E2247-08, in the AAI rule found in 40 CFR 312.  The new rule was to become effective on September 18, 2017 unless EPA received adverse comments by July 20, 2017.  Two public comments were received prior to the submittal deadline.  Although a withdrawal of the rule has not yet been published in the Federal Register, EPA is expected to withdraw the currently proposed rule to address the comments received before publishing a new direct final rule.

For more information on environmental site assessments for timber property, contact Vickie Chung Rusek or Steve O’Day.