By Jeryl L. Olson, Rebecca A. Davis, Patrick D. Joyce, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: The ASTM is in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.
A Phase I Environmental Site Assessment is a report, following ASTM Standards, that identifies recognized
Continue Reading Revision to ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
By Jeryl L. Olson and Craig B. Simonsen
In a busy day for vapor intrusion, last week the U. S. Environmental Protection Agency made several announcements about vapor intrusion.
First, it announced it had submitted a draft rule to the White House OMB seeking to add vapor intrusion to the pathways evaluated under the Hazard Ranking Scoring (HRS) System for
Continue Reading EPA Takes Positions on Vapor Intrusion
By Andrew H. Perellis, Jeryl L. Olson, and Ilana R. Morady
On October 6, 2014, EPA finalized an amendment to the “All Appropriate Inquiries” (AAI) rule to remove the reference to ASTM E-1527-05. 79 Fed. Reg. 60087. This means that ASTM E-1527-05 is no longer adequate to establish landowner and lender liability protections under CERLA. Buyers, sellers,
Continue Reading EPA Finalizes Change to All Appropriate Inquiry Rule: ASTM E-1527-05 Does Not Establish CERCLA Defenses Anymore
By Andrew H. Perellis, Philip L. Comella, and Craig B. Simonsen
Speaking of the U.S. EPA’s draft guidance addressing vapor intrusion at contaminated sites, Mathy Stanislaus, the Agency’s Assistant Administrator for Solid Waste and Emergency Response, recently told BNA Bloomberg that “my plan is to get this out this year.”
The Agency published its original notice in November 2002,
Continue Reading EPA to Issue Its Final Vapor Intrusion Guidance in 2014?
In follow-up to our August 16, 2013, blog regarding the EPA’s Direct Final Rule installing the new ASTM E1527-13 as an alternative, updated process for conducting Phase I environmental due diligence, it should be noted the Agency has indicated (in an email to BNA reporter Pat Ware) that it will WITHDRAW that rule. 78 Fed. Reg.
Continue Reading EPA Withdraws Its Approval of Updated ASTM Standard for Environmental Due Diligence
NOTE: This blog has been updated with a more recent blog.
The U.S. EPA has published its approval of the updated ASTM Standard that is the basis for the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) affirmative defenses. Amendment to Standards and Practices for All Appropriate Inquiries, 78 Fed. Reg. 49690 (August 15, 2013).
Continue Reading EPA (Finally) Updates ASTM Standard for Environmental Due Diligence
By Andrew H. Perellis and Jeryl L. Olson
Properties in Illinois that are currently contemplating or pending sale, and properties with existing No Further Remediation (NFR) letters, may encounter difficulties and issues arising under the recent indoor inhalation rules adopted in Illinois. In the Matter of: Tiered Approach to Corrective Action Objectives (TACO) (Indoor Inhalation): Amendments to 35 Ill. Adm.
Continue Reading No Further Remediation Letters and the New Indoor Inhalation Pathway in Illinois
By Andrew H. Perellis and Craig B. Simonsen
The environmental community continues to focus on the vapor intrusion pathway — guidance has been issued by ASTM, ITRC and more than 25 States. Most recently, the U.S. Environmental Protection Agency’s (EPA or Agency) Office of Underground Storage Tanks (OUST) just published an information paper entitled, “Petroleum Hydrocarbons And Chlorinated Hydrocarbons
By Philip L. Comella and Craig B. Simonsen
The U.S. Environmental Protection Agency (EPA or Agency) just released its Toxicological Review of Trichloroethylene (EPA/635/R-09/011F, September 28, 2011) (Toxicological Review). This publication represents the first time that EPA has classified trichloroethylene (TCE) (CASRN 79-01-6) as a human carcinogen regardless of the route of exposure. TCE had previously been classified
Continue Reading EPA Classifies Trichloroethylene (TCE) as Human Carcinogen