ASTM E1527 (Phase I Environmental Site Assessments) ASTM E1528 (Transaction Screen Process) ASTM 1903 (Phase II Environmental Site Assessments) ASTM Standards for Environmental Due Diligence

TIME LINE OVERVIEW 1980s1990s CERCLA / SARA Requiring AAI ======>========> ASTM E1527 and ASTM E1528 Developed to define “good commercial and customary practice” for conducting AAI ========> SBLRBRA Cites ASTM E1527 as the Interim Standard for Conducting AAI ========> EPA AAI REGULATION References ASTM E for Conducting AAI

Legislative Framework of All Appropriate Inquiry CERCLA – 1980 Comprehensive Emergency Response, Compensation and Liability Act Created fund to clean up abandoned sites SARA – 1986 Superfund Amendments Reauthorization Act Clarified the CERCLA Innocent Landowner Defense concept of “acquisition without knowledge” to include all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice.”

ASTM Subcommittee E Established in 1989/1990 To define “customary practice” for conducting “appropriate inquiry” Develop minimum standard of inquiry with respect to hazardous substances and petroleum products Reflect general national practice

ASTM Subcommittee E Two Industry Standards Published in 1993 ASTM E1527 (Phase I Environmental Site Assessment) Conducted by an Environmental Professional Revised ’94, ’97 and ’00 ASTM E1528 (Transaction Screen) Can be conducted by anyone Revised ’96 and ’00

ASTM E1527 Compliance with EPA AAI Rule EPA and ASTM coordinated efforts to update the ASTM E1527 Phase I Site Assessment Standard Practice to comply with the final AAI regulation ASTM 1527 Updated Standard Published 11/05 Final EPA regulation references ASTM E as being in compliance with the EPA AAI rule Appropriate tool for CERCLA LLPs and Brownfield Grantees

ASTM E Transaction Screens Transaction Screen Revised in ’06 Designed to be conducted by a non-EP Complete a defined checklist Interviews with owners and occupants Site visit Government databases mirror E Minimal historical records No longer appropriate for CERCLA liability protections May be appropriate to screen sites

ASTM E (00) Phase II ESAs Phase II Activities Site/Client Specific Sampling Drilling Surface Samples Drain line dye testing Septic tank sludge samples Additional Records Review Delayed responses to FOIA requests More detailed regulatory review Additional interviews Currently under revision