EPA AAI Rule Compared to ASTM

Todays blog is going to be about discussing the difference between the EPA AAI rule and ASTM.  First off, what exactly is the EPA AAI rule?  Well, according to the site https://www.epa.gov/brownfields/brownfields-all-appropriate-inquiries , the AAI stands for "All Appropriate Inquiries"  and it is basically a system of evaluating or checking to see if land, or the environment is contaminated with any harmful substance or multiple substances.  This can be due to a number of reasons, like runoff or what was previously located on the land, like a big plant that produced a lot of waste and discharged it into the environment.  ASTM stands for American Society for Testing and Materials.  According to the site http://www.astm.org/ABOUT/full_overview.html , ASTM is an international organization that is focused on consensus standards.  So, what's the difference between these two?  Well, its pretty simple actually.  The EPA AAI rule is what makes the standards that need to be conducted in a Phase I ESA.  ESA stands for environmental site assessment.  Everything in that rule must be followed.  According to the site http://www.partneresi.com/resources/astme1527-13-standard-phase-i-environmental-site-assessment.php , the ASTM just recently updated a new standard for conducting an ESA in 2013.  The last ASTM standard made was in 2005.  The EPA AAI is the highest power, where the standards are made.  The ASTM makes standards that meet the requirements listed in the EPA AAI.  This may be confusing to some people to understand.  Why look at the land?  What is the purpose of an environmental site assessment?  Well, these assessments are very important when it comes to real estate.  If you are looking for property for any reason, whether it be to build a house or to create some sort of business, it is very important to get an environmental site assessment done in order to protect the environment as well as human health.  Also, this is an important process to have done in order to reduce liability of becoming a PRP, or potentially responsible party.  This is a very serious subject because a PRP could be responsible for damages or health effects of others due to the contamination on their land.  Two new categories to CERCLA were added for the protection of land owners.  The first one is called the Bona Fide Prospective Purchaser Defense.  This states that if a landowner who purchases a piece of land and knows it is contaminated will receive liability protection when they can prove that the contamination to the property happened before the purchase of the property occurred.  The next one is Contiguous Property Owner Defense.  This states that the owner of a piece of property will receive liability protection when there is contamination that leaks onto their property from another lot and they can prove that they had no knowledge of contamination when they purchased the property.   These two newest additions make it better for the innocent property owner to not have to take responsibility for contamination to land that they had no idea about.  I hope this article was helpful in providing some information to you about the EPA AAI rule as well as the ASTM.