EPA "All Appropriate Inquiries" Rule Takes Effect on November 1, 2006: Refines Phase I Environmental Site Assessment Requirements

After an extensive negotiated rulemaking process, the United States Environmental Protection Agency (EPA) issued its long-awaited Final Rule on November 1, 2005 setting forth federal standards and practices for performing "All Appropriate Inquiries" (the "AAI Rule"). The AAI Rule, which is codified in Part 312 of Title 40 of the Code of Federal Regulations, takes effect on November 1, 2006. The AAI Rule refines the federal standards for performing Phase I environmental site assessments (ESAs) and modifies the requirements for landowner liability relief from the federal Superfund law. The AAI Rule is available at 70 Federal Register 66070 (Nov. 1, 2005) and can be downloaded from EPA's website.