U.S. EPA FINALIZES RULE FOR PROPERTY ASSESSMENTS

U.S. EPA’s “All Appropriate Inquiry” rule became final on November 1, 2005 mandating revised practices in the investigation into a commercial or industrial property’s potential for environmental contamination prior to purchase. The new rule prompted the American Society for Testing Materials (ASTM), the long-time industry standard for Phase I Site Assessments, to immediately update its written Phase I practice from the E 1527-00 to the E 1527-05 version to be consistent with the EPA requirements.

The final rule requires that any property purchasers seeking CERCLA (Superfund) liability protection or any party receiving EPA Brownfield grants must hire Environmental Professionals who meet the qualifications to conduct an AAI-compliant Phase I. Lending institutions are also revising their due diligence policies to comply with EPA requirements.

The new AAI rule has an effective date of November 1, 2006. CTI’s Environmental Scientists practicing in the property assessment area already meet the professional qualifications required by the rule and are reviewing the new AAI protocols for conducting interviews and documenting gaps in historical data regarding sites.

D.O.T. REQUIRING COMPLIANCE WITH HM-215G IN 2006

The Department of Transportation’s hazardous materials regulations (HMR) were amended in 2005 in order to align shipping standards among the United Nations Recommendations, the International Maritime Dangerous Goods (IMDG) code, and the International Civil Aviation Organization (ICAO). The bulk of the amended regulations become effective January 1, 2006.

Some of the changes include:

• Amendments to the hazardous materials tables (HMT) which add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, maximum quantity limitations, and vessel stowage provisions.
   
• Amendments to the List of Marine Pollutants.
   
• Addition of “Keep Away From Heat” marking for certain packages transported by air.
   
• An amendment that aerosol cans carried aboard aircraft must have release devices protected by a cap or other suitable means.
   
• An amendment to the criteria for classification of materials corrosive to metals.
   
• Amendments to packaging requirements for materials classified as Division 6.1, PG I, Hazard Zone A or B.

Be sure to review the HMR changes as they may apply to the shipping activities at your facility, amend your DOT management plan, and update your personnel training to maintain compliance with these important regulations.