Comparison of the Final All Appropriate
Inquiries Standard and the ASTM E1527-00
Environmental Site Assessment Standard
INTRODUCTION
On January 11, 2002, President Bush signed into law the Small Business Liability Relief and
Brownfields Revitalization Act (the Brownfields Amendments), which amended the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42
U.S.C. § 9601 et seq. The Brownfields Amendments require the Environmental Protection
Agency (EPA) to develop regulations establishing federal standards and practices for conducting
all appropriate inquiries. Congress included in the Brownfields Amendments a list of criteria
that the Agency must address in the regulations (section 101(35)(B)(iii) of CERCLA).
Subtitle B of Title II of the Brownfields Amendments revised the liability provisions of
CERCLA Section 101(35) by clarifying the requirements necessary to establish the innocent
landowner defense under CERCLA. In addition, the Brownfields Amendments amended
CERCLA by providing additional liability protections for contiguous property owners and bona
fide prospective purchasers. For the first time since the enactment of CERCLA in 1980, a person
may purchase property with the knowledge that the property is contaminated without being held
potentially liable for the cleanup of the contamination. To claim protection from liability, a
prospective property owner must comply with the statutory requirements for obtaining the
contiguous property owner or bona fide prospective purchaser liability defenses. Among these is
the requirement to, prior to the date of acquisition of the property, undertake "all appropriate
inquiries" into prior ownership and uses of a property.
The all appropriate inquiries requirements are applicable to any public or private party who may
potentially claim protection from CERCLA liability as an innocent landowner, a bona fide
prospective purchaser, or a contiguous property owner. In addition, parties receiving grants to
conduct characterizations or assessments of brownfields properties under EPA's Brownfields
Grant program must conduct the property characterization and assessment in compliance with
the all appropriate inquiries requirements.
The purpose of this document is to present a comparison of the all appropriate inquiries
requirements included in the final federal regulations and the requirements of the interim
standard, the ASTM El 527-00 standard for Phase I environmental site assessments. The ASTM
El527-00 standard is the most prevalent industry standard for conducting Phase I environmental
site assessments. This document highlights the main differences between the requirements of the
final regulation and the ASTM El527-00 standard for Phase I environmental site assessments.
Please note that in conjunction with the development of EPA's final rule setting federal standards
for the conduct of all appropriate inquiries, ASTM International updated its El527-00 standard.
The new ASTM El527-05 Phase I Environmental Site Assessment Standard is consistent and
compliant with EPA's final rule and may be used to comply with the provisions of the all
appropriate inquiries final rule. The differences outlined below apply only to the ASTM El 527-
00 standard and are provided to assist the regulatory community in understanding the
incremental differences between the requirements of the final rule and the previous ASTM
Comparison of the Final All Appropriate 1 EPA-560-F-05-242
Inquiries Standard and the ASTM E1527-00 October 2005
Environmental Site Assessment Standard www.epa.gov/brownfields/
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El527 standard, which was the interim standard designated by the Brownfields Law. The
differences discussed below are not applicable to the newly revised ASTM El527-05 standard.
CROSSWALK LINKING THE FINAL AAI STANDARD AND THE ASTM E1527-00
To facilitate comparison between the two standards, Exhibit 1 presents a crosswalk linking the
sections of all appropriate inquiries final rule with the relevant or corresponding sections of the
ASTM El527-00 standard, the interim standard that will remain in place until the effective date
of the final rule. The first column in Exhibit 1 provides a list of the major activities required by
the final rule. The second column in Exhibit 1 provides citations to the applicable sections of the
regulation where the requirements are discussed. The third column in Exhibit 1 presents the
corresponding sections of the ASTM El 527-00 standard. The fourth column in Exhibit 1
provides references to corresponding sections of the revised ASTM standard, ASTM E1527-05.
COMPARISON OF THE FINAL AAI STANDARD AND THE ASTM E1527-00
STANDARD
The final rule setting federal standards for conducting all appropriate inquiries includes
requirements that correspond to all the major activities that are currently performed as part of
environmental due diligence under the ASTM El527-00 standard, such as site reconnaissance,
record review, interviews, and documentation of environmental conditions. The final rule,
however, enhances the inquiries by extending the scope of some of the environmental due
diligence activities. In addition, the final rule establishes a more stringent definition of an
environmental professional than the ASTM El527-00 standard. The key differences between the
two standards are summarized in Exhibit 2.
Each of the activities presented in Exhibit 2 is addressed in more depth in the sections following
Exhibit 2.
EPA-560-F-05-242 2 Comparison of the Final All Appropriate
October 2005 Inquiries Standard and the ASTM E1527-00
www.epa.gov/brownfields/ Environmental Site Assessment Standard
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Exhibit 1: Crosswalk between the All Appropriate Inquiries Rule and the ASTM E1527-00
Standard
i'^lU itib! nr-rii'v. !K;.:;dt!.iM fe
Purpose
Applicability
Scope
Disclosure Obligations
Definition of Abandoned Property
Definition of Adjoining Properties
Definition of Data Gap
Definition of Environmental Professional
Definition of Relevant Experience
Definition of Good Faith
Definition of Institutional Controls
References
List of Components in All Appropriate Inquiries
Shelf Life of the Written Report
Reports Prepared for Third Parties
Objectives
Contaminants of Concern
Performance Factors
Data Gaps
Interview with Current and Past Owners and
Occupants of the Subject Property
Interview with Neighboring or Nearby Property
Owners or Occupants in the Case of Inquiries
Conducted at Abandoned Properties
Review of Historical Sources: Suggested Sources
Review of Historical Sources: Period to Be
Covered
Searches for Recorded Cleanup Liens
Records of Activity and Use Limitations (e.g.,
Engineering and Institutional Controls)
Government Records Review: List of Records
Government Records Review: Search Distance
Site Visit: Requirements
Site Visit: Limitations
Specialized Knowledge or Experience
The Relationship of the Purchase Price to the
Value of the Property
Commonly Known or Reasonably Ascertainable
Information about the Property
The Degree of Obviousness of the Presence or
Likely Presence of Contamination
Signed Declarations to Be Included in the Written
Report
•P'| !'!•!'[: /-WvS
>ii^l™j?r""^
312. 1(a)
312. 1(b)
312. 1(c)
312. 1(d)
312. 10
312. 10
312. 10
312. 10
312. 10
312. 10
312. 10
312.11
312.20(a)
312.20(a)-(b)
312.20(c)-(d)
312.20(eJ
312.20(e)
312.20(f)
312.20(g)
312.23(b),
312.23(c)
312.23(d)
312.24(a)
312.24(b)
312.25
312.26
312.26(a),
312.26(b)
312.26(c),
312.26(d)
312.27(a),
312.27(b)
312.27(c)
312.28
312.29
312.30
312.31
312.21(d)
•'-"•?¥•/;
| -Si^iSliiif
/./
4. 1, 4.2
1
Not specif led
Not defined
3.3.2
Not defined
3.3. 12
Not defined
Not defined
3.2. 17
2
6
4.6, 4.7
4.7
6.1
1.1
7.1
7.3.2
9
Not specified
7.3.4
7.3.2
5.2, 7.3.4.4
5.2
7.2
7.1.2,7.2
8
8.2.4
5.3
5.4
7.1.4
11.6,11.7
11.7,11.11
/. /, 6.7
4. 1, 4.2, 4.5.3
1
Not specified
3.2.1
3.2.4
3.2.20
3.2.29; Appendix X2
Appendix X2
3.2.35
3.2.42
2
6,7
4.6, 4.7
4.7
7.1
1.1
8.1
12.7
10
10.5.5
8.3.4
8.3.2
6.2,6.4,8.3.4.4,10.8.1.10
8.3.4.4
8.2
8.1.2
9
9.2.4, 9.4
6.3, 12.3
6.5
4.1,6.6,
12.6, 12.8, X.3
12.12,12.13
1 Citations in column 2 are to Title 40 of the Code of Federal Regulations (e.g. 40 C.F.R. § 312.20).
Comparison of the Final All Appropriate
Inquiries Standard and the ASTM E1527-00
Environmental Site Assessment Standard
EPA-560-F-05-242
October 2005
www. epa.go v/brownfields/
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Exhibit 2: Summary of Main Differences between the Final All Appropriate Inquiries
Regulation and the ASTM E1527-00 Standard
j.if-lf; gliM^^-liV',:;;!;:
Definition of Environmental
Professional
Interview with Current Owner and
Occupants of the Subject Property
Interview with Past Owner and
Occupants
Interview with Neighboring or
Nearby Property Owners or
Occupants
Review of Historical Sources:
period to be covered
Records of Activity and Use
Limitations (e.g., Engineering and
Institutional Controls) and
Environmental Cleanup Liens
Government Records Review
Site Inspection
Contaminants of Concern
Data Gaps
Shelf Life of the Written Report
Timm ftzitfm
• Specific certification/license, education, and
experience requirements
• Applies only to individuals supervising all
appropriate inquiries
Mandatory
Interviews with past owners and occupants must be
conducted as necessary to achieve the objectives
and performance factors in §§ 312.20(e)-(f)
Mandatory at abandoned properties
From the present back to when the property first
contained structures or was used for residential,
agricultural, commercial, industrial or governmental
purposes
• No requirement as to who is responsible for the
search
• Scope of environmental cleanup lien search
includes those liens filed or recorded under
federal, state, tribal or local law
• Federal, state, tribal, and local
• Records
• Visual inspection of subject property and
adjoining properties required
• Limited exemption with specific requirements if
the subject
• property cannot be visually inspected
Parties seeking CERCLA defense:
• CERCLA hazardous substances
EPA Brownfields Grant recipients:
• CERCLA hazardous substances, pollutants or
contaminants
• petroleum/petroleum products
• controlled substances
• Requires identification of sources consulted to
address data gaps and comments on
significance of data gap with regard to the ability
of the environmental professional to identify
conditions indicative of releases and threatened
releases
• One year, with some updates required after 1 80
days
/vS-'T'lliJj i3"K'"C*:,i!!'
• No specific certification, licensing,
education, or experience
requirements
• Applies to all individuals involved in
conducting all appropriate inquiries
A reasonable attempt must be made to
interview key site manager and
reasonable number of occupants
Not required, but must inquire about
past uses of the subject property when
interviewing current owner and
occupants
Discretionary
All obvious uses from the present back
to the property's first obvious developed
use or 1940, whichever is earlier
• User's responsibility
• The search results must be reported
to the environmental professional
• Scope of environmental cleanup lien
search is limited to reasonably
ascertainable land title records
• Federal and state records
• Local records/sources at the
discretion of the environmental
professional
• Visual inspection of subject property
required. No exemption.
• No specific requirement to inspect
adjoining properties; only to report
anything actually observed
CERCLA hazardous substances and
petroleum products
• Generally discretionary;
• Sources that revealed no findings
must be documented.
• Updates of specific activities
recommended after 1 80 days
EPA-560-F-05-242
October 2005
www.epa.gov/brownfields/
Comparison of the Final All Appropriate
Inquiries Standard and the ASTM E1527-00
Environmental Site Assessment Standard
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RESULTS OF INQUIRIES BY AN ENVIRONMENTAL PROFESSIONAL (§ 312.21)
Definition of Environmental Professional
To ensure the quality of all appropriate inquiries investigations, the final rule defines specific
qualifications for environmental professionals. The rule requires that the person who supervises
or oversees the conduct of the all appropriate inquiries, or the Phase I environmental site
assessment, meet the final rule's qualifications for an environmental professional. The rule does
not require that all individuals involved in conducting the all appropriate inquiries investigations
qualify as an environmental professional
The definition of an environmental professional provided in the final rule differs from the
qualifications included in the ASTM El527-00 standard. Unlike the ASTM El527-00 standard,
the final rule on all appropriate inquiries imposes specific educational, certification or licensing,
and relevant experience requirements for the environmental professional tasked with overseeing
the assessment. The final rule requires that the environmental professional qualifications be met
by the person supervising the conduct of all appropriate inquiries investigation. The
environmental professional qualifications under the two standards are summarized in Exhibit 3.
The all appropriate inquiries final rule does not preclude a person lacking the proper certification
or license or sufficient education and relevant experience from participating in the conduct of all
appropriate inquiries investigations. A person who does not qualify as an environmental
professional under the regulatory definition may assist in the conduct of all appropriate inquiries
if he or she is under the supervision or responsible charge of a person who meets the
qualifications of an environmental professional. For example, a person lacking the required
certification or license or education and relevant experience may perform the individual activities
required by the final rule, provided that a qualified environmental professional oversees his or
her work.
Comparison of the Final All Appropriate 5 EPA-560-F-05-242
Inquiries Standard and the ASTM E1527-00 October 2005
Environmental Site Assessment Standard www.epa.gov/brownfields/
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Exhibit 3: Required Qualifications for an Environmental Professional
Definition
A person who possesses sufficient specific
education, training, and experience necessary to
exercise professional judgment to develop
opinions and conclusions regarding conditions
indicative of releases or threatened releases (per
Section 312.1(c)) on, at, in or to a property,
sufficient to meet the objectives and performance
factors in Section 312.20(e) and (f) (Section
3.10).
A person possessing sufficient training and
experience necessary to conduct a site
reconnaissance, interviews, and other
activities in accordance with [the ASTM
standard], and from the information
generated by such activities, having the
ability to develop opinions and conclusions
regarding recognized environmental
conditions in connection with the property in
question. An individual's status as an
environmental professional may be limited
to the type of assessment to be performed
or to specific segments of the assessment
for which the professional is responsible.
(Section 3.3.12).
Certification/License,
Education and Relevant
Experience Requirements
Hold a current Professional Engineer's or
Professional Geologist's license and have the
equivalent of three years of full-time relevant
experience
OR
Hold a current registration from a state, tribe,
U.S. territory, or the Commonwealth of Puerto
Rico and have the equivalent of three years of
full-time relevant experience
OR
Be licensed or certified by the federal
government, a state, tribe, U.S. territory, or the
Commonwealth of Puerto Rico to perform
environmental inquiries as defined by the
AAI rule (Section 312.21) and
have the equivalent of three years of full-time
relevant experience
No requirements
A person who does not hold a relevant license or
certificate may still qualify as an environmental
professional if he/she
Have a Baccalaureate or higher degree from an
accredited institution of higher education in a
discipline of engineering or science and have the
equivalent of five years of full-time relevant
experience
A person who does not have a relevant license or
certificate and does not hold a university degree in a
discipline of engineering or science can qualify as an
en viron mental'professional if he/she
Has the equivalent of ten years of full-time
relevant experience
Additional Requirements
Remain current in his/her field through
participation in continuing education or other
relevant activities
None
EPA-560-F-05-242
October 2005
www.epa.gov/brownfields/
Comparison of the Final All Appropriate
Inquiries Standard and the ASTM E1527-00
Environmental Site Assessment Standard
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Documentation of the Results of the All Appropriate Inquiries
Under both the all appropriate inquiries final rule and the ASTM El527-00 standard, the results
of the Phase I investigation must be documented in a written report. Like the ASTM El 527-00,
the all appropriate inquiries final rule does not specify the structure, format, or length of the final
report documenting the results of the inquiries. The ASTM El527-00 standard provides a
recommended report format; the all appropriate inquiries final rule does not include any
requirements for the report format.
The all appropriate inquiries rule requires that the written report include two signed declarations
by the environmental professional. One declaration must state that the environmental
professional meets the qualifications for environmental professionals included in the final rule
(see 40 CFR 312.10). The environmental professional is not required to include in the written
report any documentation corroborating the qualifications statement (e.g., a copy of a current
Professional Geologist's license). The second declaration required to be included in the final
report must state that the all appropriate inquiries were carried out in accordance with the
requirements of the final rule.
INTERVIEWS WITH PAST AND PRESENT OWNERS, OPERATORS, AND OCCUPANTS
(§312.23)
The final rule includes requirements to conduct interviews with the current owner(s) and
occupant(s) of the subject property, as necessary to meet the objectives and performance factors
of the rule, to collect information on past uses and ownerships of the property, and to identify
potential conditions that may indicate the presence of releases or threatened releases of
hazardous substances2 at the subject property. The ASTM El527-00 standard does not require
that interviews be conducted with past owners or occupants of a property; the standard only
suggests that current owners be questioned about past uses and ownership.
The all appropriate inquiries final rule requires that additional interviews be conducted with
parties such as current and past facility managers, past owners, operators or occupants of the
property, and employees of past and current occupants of the subject property, as necessary to
meet the objectives and performance factors of the final rule (see 40 CFR 312.20(e) - (f)). The
final rule allows the environmental professional to use his or her discretion to determine whether
such interviews are necessary. Under the ASTM El 527-00 standard, the environmental
professional must inquire about the past uses of the subject property when interviewing the
current property owner and key site manager.
The all appropriate inquiries final rule goes beyond the ASTM El 527-00 by requiring interviews
with owners and occupants of neighboring and nearby properties in cases where the subject
property is abandoned and there is evidence of potential unauthorized uses or uncontrolled
access. Such interviews could help gather information that may not be available from any other
source, given that no owner or occupant of the subject property can be identified to provide
information on the uses and ownerships of the property.
2 Individuals conducting all appropriate inquiries as part of an EPA Brownfields Assessment grant must also include pollutants, contaminants,
petroleum and petroleum products, and controlled substances in the scope of the inquiry as required by their cooperative agreement with EPA.
Comparison of the Final All Appropriate 7 EPA-560-F-05-242
Inquiries Standard and the ASTM E1527-00 October 2005
Environmental Site Assessment Standard www.epa.gov/brownfields/
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REVIEWS OF HISTORICAL SOURCES OF INFORMATION (§ 312.24)
Historical Sources
The all appropriate inquiries final rule requires that environmental site assessments include
reviews of historical sources of information about the property. The purpose is to ensure that a
continuous record of land uses is assembled to create a comprehensive review of the potential for
releases of hazardous substances at the property. The all appropriate inquiries rule, as well as
ASTM El527-00 standard, does not require that any specific historic document be reviewed nor
does it specify the minimum number of records to be reviewed. The records that may be
reviewed include, but are not limited to, aerial photographs, fire insurance maps, building
department records, chain of title documents, and land use records. Historical sources of
information should be reviewed as necessary to meet the objectives and performance factors of
the final rule.
Research Timeframe
The all appropriate inquiries rule requires that historical documents be reviewed as far back in
time as the property contained structures or the property was used for agricultural, residential,
commercial, industrial, or governmental purposes. The final rule allows for the environmental
professional to apply professional judgment to determining how far back in time it is necessary
to review historical records, subject to the objectives and performance factors of the rule. In
comparison, ASTM El 527-00 requires that all obvious uses of the property be identified from
the present back to the property's obvious first developed use, or back to 1940, whichever is
earlier. For example, if a property was first used in 1960, under the ASTM El 527-00 standard,
the environmental professional must review historical sources of information going back to
1940. Under the all appropriate inquiries final rule, historical sources of information must be
reviewed only as far back as 1960.
Research Interval
Under the ASTM El527-00 standard, the research interval is specified as a function of the
property use. Intervals of less than five years or more than five years are not required if the
property use remains unchanged. For example, if historical records show the same property use
in 1940 and 1960, it is not necessary to obtain and review additional historical records to
ascertain the property use in the interim period. The all appropriate inquiries rule does not
specify or give guidance on the research interval for reviewing historical records. Accordingly,
the environmental professional must exercise professional judgment to determine the most
appropriate research interval.
EPA-560-F-05-242 ° Comparison of the Final All Appropriate
October 2005 Inquiries Standard and the ASTM E1527-00
www.epa.gov/brownfields/ Environmental Site Assessment Standard
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Review of Historical Information Pertinent to Surrounding Area
The ASTM El527-00 standard requires that the uses of properties surrounding the subject
property should be identified in the report if the information is revealed in the course of
researching the subject property (e.g., if the aerial photographs show the area beyond the subject
property boundaries). Although the all appropriate inquiries rule does not contain the same
requirement, the objectives and performance factors of the rule do include within the scope of the
types of information that should be collected the environmental conditions of adjoining or nearby
properties.
SEARCHES FOR RECORDED ENVIRONMENTAL CLEANUP LIENS (§ 312.25)
The all appropriate inquiries rule requires that environmental site assessments include searches
for environmental cleanup liens against the subject property that are filed or recorded under
federal, state, tribal, or local laws. The objective of this requirement is to identify liens placed
upon the property that indicate that environmental response actions were taken to address past
releases at, on, or to the subject property. The ASTM El527-00 standard also requires a search
for environmental cleanup liens, although the scope of the search is limited to reasonably
ascertainable recorded land title records.
The all appropriate inquiries rule differs from the ASTM El527-00 standard with respect to the
party responsible for conducting the search for environmental cleanup liens. Under the ASTM
El527-00 standard, the user, or prospective property owner, is responsible for the environmental
cleanup lien search and is required to provide the results of the search to the environmental
professional. The all appropriate inquiries rule allows that either the prospective property owner
or the environmental professional may conduct the search. If the search is performed by the
prospective property owner and the property owner does not provide the search results to the
environmental professional, the environmental professional should treat the lack of information
as a data gap and should comment on the significance of the data gap on his or her ability to
identify conditions indicative of releases or threatened releases.
REVIEWS OF FEDERAL, STATE, TRIBAL AND LOCAL GOVERNMENT RECORDS
(§312.26)
The all appropriate inquiries final rule requires that environmental site assessments include a
review of federal, state, tribal, and local government records and specifies the minimum search
distance for each record. The type of records and the minimum search distances do not differ
significantly from the requirements included in the ASTM El527-00 standard, in the case of
federal and state government records. Both the ASTM El527-00 standard and the all
appropriate inquiries final rule allow the environmental professional to exercise discretion to
modify the minimum search distance for a particular record type, based upon enumerated factors.
The ASTM El 527-00 standard does not allow for the reduction of search distance for the federal
NPL site list and the federal RCRA TSD list. In the case of both standards, the reason(s) for any
such modification must be documented in the written report.
The all appropriate inquiries final rule goes beyond the requirements of the ASTM El 527-00
standard by requiring that records maintained by tribal and local governmental agencies be
Comparison of the Final All Appropriate 9 EPA-560-F-05-242
Inquiries Standard and the ASTM E1527-00 October 2005
Environmental Site Assessment Standard www.epa.gov/brownfields/
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reviewed. The ASTM El527-00 standard lists local governmental records as supplemental
sources to be consulted at the discretion of the environmental professional.
The all appropriate inquiries regulation also places more emphasis on institutional and
engineering controls than the ASTM El527-00 standard. Under the ASTM El527-00 standard,
the user is responsible for identifying institutional and engineering controls found in reasonably
ascertainable recorded land title records and is required to provide the results of such searches to
the environmental professional. The ASTM El 527-00 standard does not explicitly require that
the search results be documented in the written report. The all appropriate inquiries regulation
allows for the search for institutional and engineering controls to be performed by either the
prospective property owner or the environmental professional. If the search is performed by the
prospective property owner and the results of the search are not provided to the environmental
professional, the environmental professional should treat the lack of information as a data gap
and should comment on the significance of the data gap on his or her ability to identify
conditions indicative of releases or threatened releases.
VISUAL INSPECTIONS OF THE FACILITY AND OF ADJOINING PROPERTIES
(§312.27)
The all appropriate inquiries final rule requires that environmental site assessments include an
on-site visual inspection of the subject property and facilities and improvements on the subject
property. The all appropriate inquiries rule does not extend the scope of the subject property
visual inspection beyond the current ASTM El527-00 requirements.
With respect to adjoining properties, the requirements of the ASTM E1527-00 standard and the
all appropriate inquiries rule differ. The all appropriate inquiries rule requires that the
environmental professional perform a visual inspection of such properties from the subject
property line, public rights-of-way, or another vantage point. The ASTM El527-00 standard
does not explicitly require a visual inspection of adjoining properties. However, the ASTM
El 527-00 standard states that current and past uses of adjoining properties should be identified in
the Phase I ESA report if such uses are visually or physically observed during the subject
property visit, or are identified in the interviews or record reviews, if they are likely to indicate
recognized environmental conditions.
In the cases where on-site access to the subject property cannot be obtained to conduct the visual
inspection of the subject property, the ASTM El527-00 standard does not provide for an
alternative course of action. The failure to conduct the on-site visual inspection must be
documented in the Phase I report as a limitation. In contrast, the all appropriate inquiries rule
provides for a limited exemption to the on-site visual inspection requirement and imposes
specific documentation and inspection requirements in that situation. The all appropriate
inquiries regulation requires that the environmental professional do the following:
• Visually inspect the subject property via another method (e.g., aerial imagery) or from an
alternate vantage point (e.g., walk the property line);
• Document efforts taken to gain access to the subject property;
EPA-560-F-05-242 10 Comparison of the Final All Appropriate
October 2005 Inquiries Standard and the ASTM E1527-00
www.epa.gov/brownfields/ Environmental Site Assessment Standard
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• Document the use of other sources of information to determine the existence of potential
environmental contamination; and
• Express an opinion about the significance of the failure to conduct an on-site visual
inspection on the ability of the environmental professional to identify conditions indicative of
releases or threatened releases.
SPECIALIZED KNOWLEDGE OR EXPERIENCE ON THE PART OF THE DEFENDANT
(§312.28)
Under the ASTM El527-00 standard, the user, or prospective property owner, is required to
disclose to the environmental professional any specialized knowledge of the subject property and
surrounding areas that is material to recognized environmental conditions in connection with the
subject property. The all appropriate inquiries final rule requires that any specialized knowledge
held by the prospective property owner be documented or taken into account during the
inquiries. However, the prospective property owner is not required to provide this information to
the environmental professional. If the information is not provided to the environmental
professional, the environmental professional should treat the lack of information as a data gap
and should comment on the significance of the data gap on his or her ability to identify
conditions indicative of releases or threatened releases.
THE RELATIONSHIP OF THE PURCHASE PRICE TO THE VALUE OF THE PROPERTY,
IF THE PROPERTY WERE NOT CONTAMINATED (§ 312.29)
Both the all appropriate inquiries final rule and the ASTM El 527-00 standard require that the
user, or prospective property owner, consider the relationship of the purchase price and the fair
market value of the property, if the property were not contaminated. The ASTM El 527-00
standard, however, only requires this comparison if the user has actual knowledge that the
purchase price is significantly less than that of comparable properties. In cases where the
purchase price paid for the subject property does not reflect the fair market value of the subject
property if it were not contaminated, the ASTM El527-00 standard and the all appropriate
inquiries final rule impose slightly different requirements. The ASTM El527-00 standard
requires that the user identify an explanation for the difference between price and value and
make a written record of such explanation. The all appropriate inquiries final rule requires that
the prospective property owner consider whether or not the difference in purchase price and fair
market value is due to the presence of releases or threatened releases of hazardous substances.
Neither standard explicitly states that documentation of a discrepancy or difference between the
price and value of the property must be included in the final report. Under the all appropriate
inquiries final rule, if the prospective property owner does not provide information regarding the
relationship of the purchase price of the subject property to its fair market value to the
environmental professional, the environmental professional should treat the lack of such
information as a data gap gap and should comment on the significance that the data gap may
have on his or her ability to identify conditions indicative of releases or threatened releases.
Comparison of the Final All Appropriate 11 EPA-560-F-05-242
Inquiries Standard and the ASTM E1527-00 October 2005
Environmental Site Assessment Standard www.epa.gov/brownfields/
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COMMONLY KNOWN OR REASONABLY ASCERTAINABLE INFORMATION ABOUT THE
PROPERTY (§312.30)
Under the all appropriate inquiries final rule, the prospective property owner and environmental
professional are required to take into account, during the conduct of all the required inquiries or
activities, commonly known or reasonably ascertainable information about the subject property.
In addition to the information sources consulted during the conduct of the historical records
searches, the review of government records, and the required interviews, such information may
be obtained from a variety of sources, including newspapers, local government officials,
community organizations, and websites, among others. Commonly known and reasonably
ascertainable information must be pursued to the extent necessary to achieve the objectives and
performance factors of the final rule. Although the ASTM El 527-00 standard does not explicitly
include such a requirement, it is up to the environmental professional to determine if any source,
other than those identified as "standard sources" should be reviewed to obtain necessary
information about the environmental conditions of the subject property.
THE DEGREE OF OBVIOUSNESS OF THE PRESENCE OR LIKELY PRESENCE OF
CONTAMINATION AT THE PROPERTY, AND THE ABILITY TO DETECT THE
CONTAMINATION BY APPROPRIATE INVESTIGATION (§ 312.31)
The all appropriate inquiries regulation requires that the prospective property owner and
environmental professional take into account information collected during the inquiries in
considering the degree of obviousness of the presence or likely presence of hazardous substances
on, at, in, or to the subject property. They should also take into account the information
collected during the inquiries in considering the ability to detect contamination by appropriate
investigation. These requirements are consistent with the ASTM El527-00 requirements. The all
appropriate inquiries rule, however, requires that the environmental professional also provide in
the written report an opinion regarding additional appropriate investigation that may be
necessary, if any. The opinion could include activities or considerations outside the scope of the
all appropriate inquiries investigation that might help the prospective property owner to more
fully characterize environmental conditions on the property. The ASTM El 527-00 standard
does not explicitly require that such an opinion be included in the final report.
ADDITIONAL REQUIREMENTS (§ 312.20)
Recognized Environmental Conditions - Inclusion of Petroleum Releases
Unlike the ASTM El 527-00 standard, the all appropriate inquiries final rule does not require that
the environmental professional consider releases and threatened releases of petroleum and
petroleum products in the scope of all environmental site assessments.
Under the all appropriate inquiries final rule, if the environmental site assessments are being
conducted for the purpose of qualifying for one of the three CERCLA liability protections, the
environmental professional must seek to identify conditions indicative of releases and threatened
releases of hazardous substances, if any. The scope of the investigation may include the
identification of potential petroleum releases that do not include hazardous substances at the
discretion of the prospective property owner and environmental professional.
EPA-560-F-05-242 12 Comparison of the Final All Appropriate
October 2005 Inquiries Standard and the ASTM E1527-00
www.epa.gov/brownfields/ Environmental Site Assessment Standard
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In cases where the all appropriate inquiries investigation is being funded by a federal brownfields
assessment grant, where the scope of the grant or cooperative agreement includes the assessment
of releases or threatened releases of petroleum and petroleum products, the environmental
professional must include petroleum and petroleum products within the scope of the all
appropriate inquiries investigation. Certain federal brownfields grants may also include
requirements to assess a property for the presence or potential presence of controlled substances.
Data Gaps
The all appropriate inquiries rule requires a more extensive documentation of data gaps than was
required under the ASTM El527-00 standard. The all appropriate inquiries rule requires that the
environmental professional: (1) identify data gaps that remain after the conduct of all required
activities; (2) identify the sources of information consulted to address such data gaps; and (3)
comment upon the significance of such data gaps with regard to his or her ability to identify
conditions indicative of releases or threatened releases of hazardous substances on, at, in, or to
the property. The ASTM El527-00 standard requires that the environmental professional
document sources that revealed no findings. Additional data gaps or limitations were not
required to be identified and documented.
Shelf Life
Under the all appropriate inquiries final rule, a prospective property owner may use a Phase I
ESA report without having to update any information collected as part of the inquiry:
• If the all appropriate inquiries investigation was completed less than 180 days prior to the
date of acquisition of the property; or
• If the Phase I ESA report was prepared as part of a previous all appropriate inquiries
investigation and was completed less than 180 days prior to the date of acquisition of the
property.
This provision is consistent with the ASTM El 527-00 standard.
Under the all appropriate inquiries final rule, a prospective property owner may use a previously
conducted Phase I ESA report:
• If the Phase I ESA report was prepared as part of a previous all appropriate inquiries
investigation for the same property; and
• If the information was collected or updated within one year prior to the date of acquisition of
the property; and
• Certain aspects of the previously conducted report are conducted or updated within 180 days
prior to the date of acquisition of the property. These aspects include the interviews, on-site
visual inspection, the historical records review, and the search for environmental liens.
Under the all appropriate inquiries final rule, information collected from previously completed
all appropriate inquiries investigations of the subject property can be used as sources of
Comparison of the Final All Appropriate 13 EPA-560-F-05-242
Inquiries Standard and the ASTM E1527-00 October 2005
Environmental Site Assessment Standard www.epa.gov/brownfields/
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information even when they are more than a year old as long as all information is reviewed for
accuracy and is updated to reflect current conditions and current property-specific information.
In all cases, the analysis of the relationship of the purchase price of the subject property to the
fair market value of the property, if it were not contaminated, must reflect the current property
transaction. In addition, the assessment of specialized knowledge must be reflective of the
prospective property owner seeking the liability protection or the brownfields grantee.
EPA-560-F-05-242 14 Comparison of the Final All Appropriate
October 2005 Inquiries Standard and the ASTM E1527-00
www.epa.gov/brownfields/ Environmental Site Assessment Standard
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