Phase I, II, III
EnviroWaste Services group is your Environmental & Engineering Consulting Firm offering Phase I, Phase II and Phase III Environmental services to Florida and Texas.
- Phase I Environmental Audit - ASTM Standards E15727-05 & US EPA AAI Rule
- Phase II Environmental Audit-Identifying area of environmental concern requiring further investigation
- Phase III Environmental Audit –Implementing remedial actions
As of November 1, 2006- A truly Historic Moment for the Phase I Environmental Site Assessment Industry! For the first time ever, environmental due diligence will be codified in a federal regulation:
40 CFR Part 312
Standards and Practices for
All Appropriate Inquiries (AAI)
What is AAI?
- The process of evaluating a property’s environmental conditions
- Further assessing potential liability for contamination
- Establishes specific regulatory requirements for conducting the inquiry.
- The rule’s provisions must be met by any purchaser seeking to qualify for CERCLA liability protection as an innocent landowner, bona fide prospective purchaser, or contiguous property owner.
AAI RULE-Legal Background:
- prior to November 1, 2006, those seeking to establish AAI may comply with any of the ASTM Standards (E1527-97, E152-00, or E1527-05) or the requirements in the AAI rule.
- Now after November 1, 2006, only those requirements set forth in the AAI rule or in ASTM Standard E 1527-05 will constitute compliance to AAI.
What’s New On AAI Rule
- AAI must be performed or supervised by an environmental professional (ep) as set forth in 40 CFR S312.10.
- Interviews must be conducted with past and present owners and occupants.
- Historical sources must be reviewed to determine previous uses and occupancies since the property was first developed. Prior ASTM only required the historical search to go back to 1940.
- The new rule requires the review of federal, state, tribal or local records of environmental cleanup liens against the property.
- The AAI must include an inquiry as to the relationship of purchase price to the fair market value of the property if it was not contaminated.
- Data gaps must be identified and a comment must be made on the significance of such gaps and the ability to identify conditions indicative of releases of hazardous substances.
- The scope and requirements of the AAI rule are more detailed than the prior ASTM and undoubtedly will result in more thorough investigations and reporting with respect to past uses and occupancies of commercial properties.
Key Elements:
- Parties who receive grants under EPA’s Brownfield’s Grant Program to assess and characterize properties must comply with the AAI standards.
- The AAI must be conducted or updated within one year of the date of acquisition of a property. If the AAI is conducted more than 180 days prior to the acquisition date, certain aspects of the inquiries must be updated.
- The AAI Rule is applicable to any party who claims protection from CERLA liability as an innocent landowner, a bona fide prospective purchaser, or a contiguous property owner.