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Showing 2 posts in Brownfields.

EPA Revises All Appropriate Inquiry Rule

EPA recently published notice in the Federal Register of its intent to amend its All Appropriate Inquiry (“AAI”) Rule by including a reference to the revised ASTM Standard E2247-16 – “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.” The proposed amendment updates the existing AAI Rule, which currently references an earlier, 2008 version of the E2247 Standard. The AAI Rule, as amended, reflects that parties can meet the AAI requirement – one of the necessary components to qualify for CERCLA’s Bona Fide Prospective Purchaser (“BFPP”) defense --  by conducting an environmental investigation in accordance with the regulatory requirements for AAI contained in 40 CFR Part 312, the ASTM Standard E1527-13 (Standard Practice for Phase I Environmental Site Assessments), or the revised ASTM Standard E2247-16.  Read More ›

New Application Process Takes Effect for New York Brownfield Cleanup Program, Additional Regulations Pending

The New York State Department of Environmental Conservation (NYSDEC) has announced that as of July 1, 2015, the reformed New York State Brownfield Cleanup Program (BCP) became effective.  NYSDEC transitioned to a new application form and application guidance as of July 1, incorporating new eligibility criteria under the BCP reforms.  A property’s eligibility for the BCP is now based on the presence of contaminants above New York’s Soil Cleanup Objectives (SCOs) or other applicable standards, criteria, or guidance.  This replaces the BCP’s former eligibility determination based on the potential complication of reuse or redevelopment by the actual or reasonably suspected presence of contaminants.  Read More ›