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On Dec. 30, 2013, EPA issued a revised rule regarding the ASTM procedures for conducting ESAs for real estate transactions and brownsfield sites. Significant comments had been received on their prior proposed rule stating that the newly-proposed ASTM 1527-13 standard must be used to satisfy the “all appropriate inquiry” standard. The December ruling allows the use of the earlier ASTM 1527-05 standard, but states EPA will issue rulemaking in the future to remove its use. Most contentious is the required assessment of vapor migration and definition of acceptable levels of contaminants in structures; many commenters noted that such requirements conflict with statutory OSHA air quality regulation.


For a summary of the rule, click here.