Re: [CPEO-BIF] All Appropriate Inquiry Rulemaking Report and Another Perspecti

[Lenny Siegel <lsiegel@cpeo.org>]

kkamlet@hotmail.com wrote:
> 
> Lenny Siegel says that the AAI rule must do more than the ASTM Phase I
> standard because the legislation is designed to accomplish two distinct
> purposes in addition to demonstrating that a land owner has looked, but
> hasn't found contamination.  These additional purposes are (1) to define
> reasonable steps that prospective purchasers must take to address potential
> contamination [I agree], and (2) to guide site characterization and
> assessments funded by EPA grants [I couldn't find this].
> 

I missed it at first, too. The section of the Brownfields statute on
Brownfields Revitalization Funding that modifies CERCLA Section 104
contains, under "k2B," the following: "A site characterization and
assessment carried out with the use of a grant under clause (i) shall be
performed in accordance with section 101(35)(B)." And that's the All
Appropriate Inquiries section. It's clumsy, but it's the law.

Lenny


-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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