New All Appropriate Inquiry Rule for Phase I Investigations
In November 2005, the U.S. Environmental Protection Agency’s administrator released the final rule for All Appropriate Inquiries, codifying environmental due diligence in Federal regulation. This led to the updating of ASTM standard Phase I procedures as well. The rule’s new provisions are intended to clarify liability exemptions that apply to prospective purchasers, contiguous property owners, and so-called innocent purchasers or landowners, by setting forth more stringent requirements for gathering data, for the qualifications of environmental professionals who can perform the investigations, and the methods of the investigation. For instance, investigators are required to more thoroughly document “data gaps” in their research, requiring more effort and broader searches of historical records and documents held by local agencies. They are also required to perform broader and more in-depth interviews with current and past owners, and potentially with occupants, managers, employees, neighboring property owners, and regulators. EPA’s rule becomes effective on November 1, 2006. |
