New Phase I ESA Rules Effective November 1, 2006

In November of the 2005, the Environmental Protection Agency (EPA) finalized the All Appropriate Inquiry (AAI) rule.  The AAI rule established specific regulatory requirements and standards for conducting All Appropriate Inquiries (a.k.a. Phase I Environmental Site Assessments) to qualify for one of the three landowner liability protections under the CERCLA Brownfields Amendments.  Shortly thereafter, the ASTM finalized it’s E 1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.  The EPA has determined that Phase I ESAs performed according to ASTM E 1527-05 meet the requirements of the AAI rule.  Starting November 1, 2006, all Phase I ESAs should be performed according to the AAI rule or ASTM E 1527-05.

Arkansas Certification Program Effective February 25, 2007

The Arkansas Department of Environmental Quality (ADEQ) is in the Process of preparing new regulations for certification of environmental consultants and contractors.  Companies and individuals who perform Phase I ESAs, Phase II ESAs and Remediation must be certified by the State of Arkansas by February 25, 2007.