Final AAI Rule Takes Effect
11/01/2006
US EPA's All Appropriate Inquiries rule (AAI) takes effect today, November 1, 2006. This rule provides specific regulatory requirements for conducting Phase I environmental site assessments. Such assessments enable a buyer of real estate to qualify for specific liability protections under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly known as Superfund, if all other requirements of CERCLA are satisfied. The AAI recognizes the revised ASTM E 1527-05 standard as an acceptable guidance document for satisfying the new AAI rule.
What are the implications?To satisfy the “all appropriate inquiry” requirements under CERCLA, property buyers must comply with the requirements of AAI. AAI changes previous practices used to conduct such inquiries and requires the involvement of environmental professionals with specific levels of expertise and experience.
Some AAI facts:- Ten components of the AAI rule must be satisfied, including inquiry by an environmental professional, to qualify for any CERCLA protection.
- The environmental professional’s report must document what was and was not provided (i.e., data gaps), and which steps were not addressed, if any.
- Certain components must be conducted by a qualified professional, such as the development of opinions and the documentation of findings.
- There is a one-year shelf life from the date of property purchase for environmental inquiry, with a 180-day shelf life for certain components.
- Environmental professionals have new qualifications to meet under the AAI rule such as level of education, licensing, and relevant experience.
- Sampling is not required under AAI, but suggested.