Changes to Environmental Due Diligence standards

[Bob Hersh <bhersh@cpeo.org>]

As Lenny Siegel has described in previous postings to the listserve,
the Small Business Liability Relief and Revitalization Act---the new
Brownfields Law--- requires EPA to develop standards and practices for
conducting environmental due diligence investigations.   A Negotiated
Rulemaking Committee, convened by EPA, has finalized a proposed "All
Appropriate Inquiry" rule which can be downloaded from the following EPA
link:  http://www.epa.gov/brownfields/aai/draftreglangfinal.pdf

For those who want to read a succinct analysis of how the proposed rule
compares to the ASTM Phase 1 environmental site assessment standard
(1527-00), please click on the following link to access an article by
Amy Edwards, an environmental attorney with Holland and Knight:
http://www.hklaw.com/publications/Newsletters.asp?ID=429.
 
She writes:
"The proposed "all appropriate inquiry" (AAI) rule will make significant
changes in the way that Phase I Environmental Site Assessments (ESAs) -
as we know them today - are conducted. These changes are likely to
increase the cost of a typical Phase I ESA and to extend the amount of
time needed to complete routine environmental due diligence. This
article summarizes the primary changes that are likely to occur as a
result of the new rule, which is scheduled to be released in early 2004.
"

Bob Hersh
Brownfields Program Director
Center for Public Environmental Oversight (CPEO)
1101 Connecticut Ave., NW  Suite 1000
Washington, DC  20036

Tel:     202.452.8043
Fax:    202.452.8095
email:  bhersh@cpeo.org
url:      www.cpeo.org