ALL APPROPRIATE INQUIRY RULE REQUIREMENTS
- Enforceable as of November 1, 2006
- New ASTM Standard for the Rule is:ASTM 1527-05
- Defines the term Environmental Professional (EP) and establishes
qualifications for those performing Phase I ESAs (hold a
current Professional Engineer or Professional Geologist
license or registration from a state, tribe, or U.S. territory
(or the Commonwealth of Puerto Rico) and have the equivalent
of three years of full-time relevant experience OR 4 year
Baccalaureate degree in any engineering or science field
with five years of full-time relevant experience OR ten
years of full-time relevant experience).
- In addition to interviewing current owners and occupants
of the subject property, an interview with past owners and
occupants must be conducted as necessary [Section 312.20(e)-(f)].
- Interview with neighboring or nearby property owners or
occupants must be conducted if the subject property is abandoned.
- Previous use of the property needs to be described from
the present back to when the property first contained structures
or was developed for residential, commercial, agricultural,
industrial or governmental purposes
- More information requested from the User of the report
(person for whom the report is being prepared).
- AAI rule requires identification of records of Activity
and Use Limitations (AULs) and Environmental Cleanup Liens.
- In addition to the review of federal and state records,
the ESA must include a review of (all) local and tribal
records within the required search distance of the Property.
- Visual inspection of the subject property AND adjoining
properties is required (limited exemption with specific
requirements if the subject property cannot be inspected).
- AAI rule looks at the relationship of the purchase price
compared with the fair market value of the property which
may indicate contamination at the property.
- Data gaps must be identified with the significance of
the data gap with regard to the ability of the EP to identify
conditions indicative of releases and threatened releases
- New Rule and standard will raise the cost of a Phase I
ESA.
- Shelf-life of Phase I report is specified as one year
with some updates required after 180 days.
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