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EPA Proposes Approval of Amendment to ASTM E1527 Standard

Environmental News

A publication of the Environment, Energy & Natural Resources Law Section of the North Carolina Bar Association

October 3, 2013

Nexsen Pruet environmental law special counsel Joan Hartley authored "EPA Proposes Approval of Amendment to ASTM E1527 Standard" for Environmental News.  The newsletter is a publication of the Environment, Energy & Natural Resources Law Section of the North Carolina Bar Association.

Hartley's article begins:

On Aug. 15, 2013, the Environmental Protection Agency (“EPA”) issued a final direct rule amending the Standards for Conducting All Appropriate Inquiries, 40 C.F.R. Pt. 312 (“AAI Rule”), to recognize a recent amendment to the ASTM International standard for Phase I environmental site assessment, E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” (ASTM E1527-13).  78 Fed. Reg. 49690 (Aug. 5, 2013).

The AAI Rule was initially promulgated in 2005 and clarifies the requirements for satisfying the “all appropriate inquiries” component of the innocent landowner, bona fide prospective purchasers (“BFPP”), and contiguous property owner defenses to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq. (“CERCLA”).

 

Joan W. Hartley provides advice and counsel to businesses and professionals in North and South Carolina.  Her typical matters involve environmental regulation of real estate and corporate transactions as well as litigation and compliance.

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