Re: [CPEO-BIF] EPA's Inspector General reviews AllAppropriate Inquiries reports

[Lenny Siegel <lsiegel@cpeo.org>]

I don't want to re-open fully our old debate on the public disclosure of 
Phase 1 reports, but it should be recognized that a large number of such 
site assessments are already in the public record. The IG report looked 
at reports that were public because EPA funded them. Other reports may 
be public because the developer, such as a school construction 
authority, is a public agency.

In such cases, there should be a mechanism for EPA or another regulatory 
agency to do a cursory, checklist review of the report. I would not 
expect the regulators to re-consider the report's conclusions. Rather, 
they would evaluate whether the environmental professional had followed 
the All Appropriate Inquiries Rule.

As for reports that are not required to be disclosed to the public, 
there should be a similar, but voluntary mechanism. A report could be 
voluntarily examined for a "Good Housekeeping" seal of approval. 
Wouldn't some developers welcome the opportunity to ensure that their 
consultants are doing what they've been contracted to do?

Lenny



Ben Neal wrote:

> Another solution might be to tighten the requirements of who is allowed 
> to do Phase I work, with real consequences for those who fail to meet 
> expectations. I don't agree with Lenny's suggestion that Phase I reports 
> should routinely be disclosed to government regulators.  Many Phase I 
> projects are done for tentative reasons: speculation or anticipatory due 
> diligence. In my opinion, those should be able to remain confidential.



--


Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
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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