NYCBP Member, Larry Schnapf, weighs in on this recent decision by the EPA.
As we prediced, EPA received numerous negative comments to its Direct Final Rule that would have recognized that the new ASTM E1527-21 phase 1 standard may be used to comply with the All Appropriate Inquires (AAI) rule for asserting certain landowner liability defenses and qualify for brownfield grants.
All of the comments criticized EPA’s plan to allow the obsolete E1527-13 to continue to be used to comply with AAI. The commenters uniformly objected to EPA’s approach because they believed it would cause confusion in the marketplace and create a loophole that would allow substandard phase 1 providers to undercut the market. None of the comments posted on the EPA website for the rulemaking supported this dual approach. I submitted negative comments which can be read
Posted May 5, 2022