New EPA regulation may affect anyone buying or selling property
On December 30, 2013, the United States Environmental Protection Agency (EPA) published a new regulation which may affect anyone buying or selling property and those in the environmental consulting industry. Effective immediately, the new regulation authorizes the use of the ASTM Standard E1527-13 for compliance with the All Appropriate Inquiries (AAI) regulation, 40 CFR Part 312. The EPA had previously authorized the use of ASTM Standard E1527-05, but in November 2013, ASTM International published the ASTM E1527-13 standard, which superseded the E1527-05 standard. EPA’s rulemaking action confirms that the new ASTM standard may now be relied upon for AAI compliance.
Changes in the new ASTM Standard E1527-13 include the following:
- An updated definition of “Recognized Environmental Condition (REC)”;
- An updated definition of “Historical Recognized Environmental Condition (HREC)”;
- The addition of a definition of “Controlled Recognized Environmental Condition (CREC)” to the Standard;
- Clarification of the definition of “de minimus condition”;
- Revision to the definition of “migrate/migration” to specifically include vapor migrations;
- Revision to the definition of “release” to clarify that the term has the same meaning as used in CERCLA; and
- Additional guidance to provide a standardized framework for verifying agency information obtained from key databases.
The EPA considers the changes incorporated in E1527-13 to be enhancements for achieving compliance with 40 CFR Part 312, which remains unchanged.
If you have any questions regarding this regulatory action, please contact Dan McInerny or any member of the Bose McKinney & Evans Environmental Law Group.