November 15, 2005

            RE:      All Appropriate Inquiries Standards

 

Fitzgerald Henne & Associates, Inc. would like to take this opportunity to apprise you of recent changes to the standards of due diligence for environmental site assessments (ESAs).  On November 1, 2005 the USEPA published the final “Standards and Practices for All Appropriate Inquires” (AAI) in the Federal Register (70 FR 210, p66069).

The release of the AAI standards has several changes from the ASTM Phase I practice (E 1527‑00) currently in use.  The most significant changes include:

·         Who may conduct AAI: An environmental professional with specific qualifications must now prepare the report and perform certain activities.

·         Research must now include a search for institutional and engineering controls as well as environmental liens.

·         Research and documentation is now more in depth; data gaps and their significance must be fully documented.

·         The history of the property must now be researched back to its first use (not the first developed use – for instance, use as a farm).

·         The user now has certain on-going obligations after an AAI-ESA has been completed in order to qualify for one of the CERCLA liability defenses.

Additional information and a link to the published regulations regarding the AAI standard for ESAs are available on Fitzgerald Henne's website (www.fitzgeraldhenne.com).  We would also be happy to answer any questions you might have regarding AAI and its effect on the industry.  Fitzgerald Henne has already conducted several ESAs following the AAI standards and is familiar with the requirements. 

Please contact Adam Heft, David VanGoethem or me for additional information or to request your next ESA. We would be happy to assist.

Sincerely,

 

FITZGERALD HENNE & ASSOCIATES, INC.

 

 

Mark S. Henne, M.S., J.D.

Vice President