This blog entry provides an important update to our August 19, 2013 entry reporting on U.S. EPA’s Direct Final Rule to amend the All Appropriate Inquiries Rule.
After receiving adverse comment, EPA has reported that it will withdraw its Direct Final Rule that would have approved the use of ASTM International’s new E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” to satisfy the All Appropriate Inquiries Rule. At least two comments have been submitted criticizing the rule for endorsing the use of two different standards – ASTM E1527-13 and the existing version E1527-05 – to satisfy the standard of “all appropriate inquiry.” Accordingly, U.S. EPA has indicated it will publish in the Federal Register a formal rescission of the Direct Final Rule.