CERCLA Due Diligence Requirements Revised to Reflect Updated Phase I Standard for Forested and Rural Land

Spencer Fane LLP
Paul Jacobson
July 11th, 2017

Purchasers of rural and forested land need to be aware of a recent change in EPA’s environmental due diligence rules. On June 20, 2017, EPA published a Direct Final Rule in the Federal Register, amending the All Appropriate Inquiries (AAI) Rule, 40 CFR Part 312, to reflect 2016 updates to ASTM E2247, a standard for Phase I investigations on rural and forested land.

The AAI Rule sets forth requisite practices for satisfying CERCLA § 101(35)(B) ...

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Addition of a Subsurface Intrusion Component to the Hazard Ranking System

The US EPA is working toward a proposed rule to add a new screening component (subsurface intrusion (SSI) component) to the Hazard Ranking System (HRS) that would allow sites with vapor intrusion contamination to be evaluated for placement on the National Priorities List (NPL).

The subsurface intrusion component would expand the number of available options for EPA and state and tribal organizations performing work on behalf of EPA to ...

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